Kerala High Court
M.D.Thomas vs The Corporation Of Kochi on 26 September, 2018
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY,THE 26TH DAY OF SEPTEMBER 2018 / 4TH ASWINA, 1940
WP(C).No. 31287 of 2018-I
PETITIONER/S:
M.D.THOMAS,
AGED 63 YEARS
DRAIN COOLIE(RETD),
C-19- CORPORATION OF KOCHI, S/O DEVASSY,
MOOMTHENGUMKAL HOUSE,
VETTUSSERY,
VADUTHALA,
ERNAKULAM DISTRICT
BY ADV. SMT.T.B.MINI
RESPONDENT/S:
1 THE CORPORATION OF KOCHI
REPRESENTED BY ITS SECRETARY,
MAIN OFFICE, COCHIN CORPORATION ,
BOAT JETTY ROAD, ERNAKULAM
PIN -682011
2 HEALTH OFFICER,
CORPORATION OF KOCHI, MAIN OFFICE, COCHIN CORPORATION,
BOAT JETTY JUNCTION, ERNAKULAM, PIN- 682 011.
3 THE ACCOUNTS OFFICER,
CORPORATION OF KOCHI, MAIN OFFICE, COCHIN CORPORATION,
BOAT JETTY ROAD, ERNAKULAM, PIN- 682011.
OTHER PRESENT:
SRI.RAJU SEBASTIAN VADAKKEKARA,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.ASHA, J.
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W.P.(C) No.31287 of 2018-I
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Dated this the 26th day of September, 2018
JUDGMENT
The petitioner, who retired from the Cochin Corporation, while working as a contingent employee on 30.01.2016, is aggrieved by the denial of revised pensionary benefits and arrears of pay for the period from July 2014 till his retirement. The petitioner was granted terminal benefits on the basis of Ext.P1 judgment in WP(C) No.34110 of 2017. Pointing out that the benefit of revision of pay has not been granted to him for the period from July 2014, he submitted a representation and this writ petition is filed as no action was taken.
2. Even without a representation from the employees/pensioners, respondents are duty bound to grant the benefit of revision of pay to the employees/pensioners. It is pointed out that the pay in respect of employees of the Corporation has already been revised with effect from 01.07.2014. The benefits W.P.(C) No.31287/18 :3: were granted to the petitioner on the basis of pre- revised pay.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.
In the above circumstances, the writ petition is disposed of, directing the respondents to see that the petitioner is granted all the benefits based on the revision of pay effected with effect from 01.07.2014. Pensionary benefits of the petitioner shall also be refixed on the basis of the revised pay re-fixed with effect from 01.07.2014. Entire benefits due to the petitioner shall be paid within a period of three months from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA JUDGE rkc W.P.(C) No.31287/18 :4: APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF JUDGMENT IN W.P. (C)NO.34110/2017.
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION BEFORE THE SECRETARY DATED 30.08.2018. RESPONDENTS' EXHIBITS : NIL