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Kerala High Court

Krishnan Govindan vs State Of Kerala on 14 January, 2015

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

       

  

   

 
 
                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT:

                   THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

            WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936

                                 WP(C).No. 20224 of 2014 (C)
                                    ----------------------------
PETITIONER :
-------------------
        1. KRISHNAN GOVINDAN, AGED 76 YEARS,
            S/O.GOVINDAN NOMINAL MUSTER ROLL WORKER
           (RETIRED) CHANGANACHERRY MUNICIPALITY,
            R/A.PARUVAPARAMBIL, NALUKODY P O, PAIPAD
            CHANGANACHERRY

        2. K. SARASSAMMA,
            SANITATION WORKER(RETIRED)CHANGANACHERRY,
            MUNICIPALITY R/A.PARATHU THAZHAYIL
            PUZHAVATHU CHANGANACHEERY

        3. K. K. SANTHAMMA, CONTINGENT DIVISION SWEEPER
            (RETIRED)HEALTH INSPECTOR, 2ND CIRCLE OFFICE
            CHANGANACHERRY MUNICIPALITY, CHANGANACHERRY - PIN-686101

            BY ADVS.SRI.S.JAYAKRISHNAN
                       SRI.S.PARAMESWARA PRASAD

RESPONDENTS :
-----------------------
        1. STATE OF KERALA
            REP BY THE SECRETARY,
            DEPARTMENT OF LOCAL SELF GOVERNMENT,
            (MUNICIPAL CONTINGENT SERVICE)SECRETARIAT,
            THIRUVANANTHAPURAM-PIN-695001

        2. CHANGANACHERRY MUNICIPALITY
            REP BY ITS SECRETARY, CHANGANACHERRY, PIN-686101

        3. DEPUTY DIRECTOR, LOCAL FUND AUDIT DEPARTMENT
            CHANGANCHERRY MUNICIPALITY,CHANGANACHERRY, PIN-686101.

            R1 & R3 BY SENIOR GOVERNMENT PLEADER SMT. RAJASREE M.J.
            R2 BY ADVS. SRI.M.P.ASHOK KUMAR
                           SMT.BINDU SREEDHAR
                           SMT.R.S.MANJULA

            THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
            ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED
            THE FOLLOWING:


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WP(C).No. 20224 of 2014 (C)
----------------------------

                                           APPENDIX

PETITIONER(S)' EXHIBITS
-------------------------------------

P1:-      TRUE COPY OF THE ORDER NO E4/7416/97 DTD 29/7/1998 ISSUED BY THE
          2ND RESPONDENT TO THE IST PETITIONER.

P2:-      TRUE COPY OF THE ORDER NO H 2-5501/09 DTD 1/3/2010 ISSUED BY THE 2ND
           RESPONDENT TO THE 3RD PETITIONER

P3:-      TRUE COPY OF THE REPRESENTATION DTD 10/7/2014 FILED BY THE IST
          PETITIONER BEFORE THE 2ND RESPONDENT.

P4:-      TRUE COPY OF THE REPRESENTATION DTD 5/6/2014 FILED BY THE 2ND
           PETITIONER BEFORE THE 2ND RESPONDENT.

P5:-      TRUE COPY OF THE REPRESENTATION DTD 28/4/2014 FILED BY THE 3RD
           PETITIONER BEFORE THE 2ND RESPONDENT


RESPONDENT(S)' EXHIBITS                   :         NIL.
---------------------------------------


                                                         //TRUE COPY//




                                                         P.A. TO JUDGE

bp



             A.MUHAMED MUSTAQUE, J.
      *****************************************************
                 W.P.(C) No.20224 of 2014
      *****************************************************
         Dated this the 14th day of January, 2015

                     JUDGMENT

Petitioners are the retired Contingent employees under the second respondent. The first petitioner retired from service as Nominal Muster Roll Worker on 31.7.1998. The second petitioner retired from service as Sanitation Worker on 30.4.2006. The third petitioner retired from service as Contingent Division Sweeper on 31.12.2009. It is submitted that the second respondent sanctioned and disbursed the monthly pension but they have so far not received other benefits including pay revision arrears. Accordingly, the petitioners have approached the second respondent by way of Exts.P3 to P5 representations.

In view of the above, there shall be a direction to the second respondent to consider Exts.P3 to P5 representations W.P.(C) No.20224 of 2014 2 within a period of two months after affording an opportunity of hearing to the petitioner and if it is found the petitioner is entitled for revised pensionary benefits, the same shall be disbursed without further delay, at any rate, within a further period of three months.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE ln