R.Rajamma vs State Of Kerala on 30 September, 2019

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Kerala High Court

R.Rajamma vs State Of Kerala on 30 September, 2019

Bench: P.V.Asha

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941

                      WP(C).No.25069 OF 2019(G)


PETITIONER:

               R.RAJAMMA
               AGED 74 YEARS, W/O RANGAN,
               RETIRED SANITATION WORKER,
               5/331, PADINJAREKKAD,
               KANJIKKODE P.O., CHULLIMADA,
               PALAKKAD 678 621.

               BY ADV. SRI.U.BALAGANGADHARAN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY,
               LOCAL SELF GOVERNMENT DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

      2        THE DIRECTOR OF URBAN AFFAIRS,
               THIRUVANANTHAPURAM 695 001.

      3        THE PALAKKAD MUNICIPALITY,
               REPRESENTED BY ITS SECRETARY,
               PALAKKAD 678 001.

      4        THE SECRETARY,
               PALAKKAD MUNICIPALITY,
               PALAKKAD 678 001.

               R3-4 BY ADV. SHRI.BINOY VASUDEVAN, SC, PALAKKAD
               MUNICIPALITY
               SRI.BIJOY CHANDRAN,SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25069 OF 2019(G)

                                      2

                               JUDGMENT

The petitioner who retired from service from 3 rd respondent Municipality on 31.08.2014 as sanitation worker is aggrieved by the denial of revised pensionary benefits. It is stated that subsequent to retirement of the petitioner the pay and allowances of employees in the Municipalities including that of sanitation workers were revised as per Ext.P2 order from 01.07.2014. Therefore, the petitioner will be entitled to revised pensionary benefits as well as arrears of pay for the period from 01.07.2014. Pointing out the same the petitioner has submitted Ext.P3 representation on 07.08.2019.

2. Learned standing counsel submits that the Municipality requires sufficient time for consideration of the representation and making the payment.

3. From Ext.P2 order it is seen that pay and allowances of the employees in Municipalities have been revised with effect from 01.07.2014. Therefore, the petitioner who retired from service on 31.08.2014 would be entitled to get her pay fixed in the revised scale of pay and thereafter to get the retirement benefits refixed on the basis of such pay with effect from the date of her retirement. She will also be entitled to the arrears on account of revision of pay for the period of WP(C).No.25069 OF 2019(G) 3 01.07.2014 to 31.08.2014/date of her retirement.

Therefore, the Writ Petition is disposed of directing respondents 3 and 4 to see that the petitioner's request is considered and the arrears of revised pensionary benefits including arrears of pay are disbursed to her within a period of four months from the date of receipt of a copy of this judgment.

Sd/-

P.V.ASHA SCS JUDGE WP(C).No.25069 OF 2019(G) 4 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF JUDGMENT IN WPC 33562 OF 2016 DATED 25.10.2016 OF THIS HON'BLE COURT.

EXHIBIT P2 A TRUE COPY OF GO (RMS) 118/2016/LSGD DATED 17.8.2016 (RELEVANT PAGES ONLY).

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER TO THE SECRETARY, PALAKKAD MUNICIPALITY DATED 7.8.2019. //TRUE COPY// PA TO JUDGE

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