N.Haridas vs Director Of Urban Affairs on 17 August, 2020

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Kerala High Court

N.Haridas vs Director Of Urban Affairs on 17 August, 2020

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE T.R.RAVI

     MONDAY, THE 17TH DAY OF AUGUST 2020 / 26TH SRAVANA, 1942

                       WP(C).No.8751 OF 2015(T)


PETITIONERS:

      1        N.HARIDAS
               AGED 63 YEARS, S/O. NEELAKANDAN,
               KOCHUCHERUKKEN VELI VEEDU,
               KOTTAMKULANGARA, ALAPPUZHA
               (RETIRED SANITATION WORKER,
               ALAPPUZHA MUNICIPALITY)

      2        ABDUL AZEEZ
               ILLIKKAL PURAYIDAM,
               VATTAYAL WARD, ALAPPUZHA
               (RETIRED SANITATION WORKER,
               ALAPPUZHA MUNICIPALITY)

      3        ABOOBAKER KUNJU
               KATTUNGAL VELI,
               THONDAMKULANGARA, ALAPPUZHA
               (RETIRED SANITATION WORKER,
               ALAPPUZHA MUNICIPALITY)

      4        A. MOHAMMED SHERIFF
               VELLAPALLY PURAYIDAM,
               CANAL WARD, ALAPPUZHA
               (RETIRED SANITATION WORKER,
               ALAPPUZHA MUNICIPALITY)

      5        C.G. CHANDRAMOOPAN
               CHATHANATTUVELIYIL, S.M.C, CHERTHALA
               (RETIRED SANITATION WORKER,
               ALAPPUZHA MUNICIPALITY)

      6        G. JAYAN
               AMBADIPARAMBU, MUNICIPAL WARD, ALAPPUZHA
               (RETIRED SANITATION WORKER,
               ALAPPUZHA MUNICIPALITY)

      7        P. RADHAKRISHNAN
               THAIPARAMBIL, KOMANA, AMBALAPUZHA
               (RETIRED SANITATION WORKER,
               ALAPPUZHA MUNICIPALITY)
 WP(C).No.8751 OF 2015(T)

                                  2




      8         A. ABDUL LATHEEF
                THAIYYIL HOUSE,
                PUNNAPRA, ALAPPUZHA
                (RETIRED SANITATION WORKER,
                ALAPPUZHA MUNICIPALITY)

      9         M.H. MOHAMMED KUNJU
                VADAYATTESSERI, ADIVARAM, MANAMCHERY
                (RETIRED SANITATION WORKER,
                ALAPPUZHA MUNICIPALITY)

                BY ADV. SMT.MARY BEENA JOSEPH


RESPONDENT/S:

      1         DIRECTOR OF URBAN AFFAIRS,
                THIRUVANANTHAPURAM - 695 001.

      2         THE DEPUTY DIRECTOR
                LOCAL FUND AUDIT, ALAPPUZHA - 688 001.

      3         ALAPPUZHA MUNICIPALITY
                ALAPPUZHA - 688 001,
                REPRESENTED BY THE SECRETARY.

                BY SRI.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY
                SMT.RENJITHA, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8751 OF 2015(T)

                                        3



                                  JUDGMENT

Writ petition has been filed praying that the respondents may be directed to count the temporary service rendered by the petitioners as substitute workers/contingency worker for the purpose of computation of pension. Learned Counsel for the petitioners submitted that the issue raised in this writ petition is covered in favour of the petitioners by the judgment of a Larger Bench in K.L.Francis and Another V. Kerala State Road Transport Corporation and Another (2015 (1) KLT 1051) and that the petitioners will be satisfied, with a direction to the respondents to consider Ext.P2 representation in the light of the above said judgment.

2. Writ petition is hence disposed of directing the respondents to consider the claim of the petitioners, contained in Ext.P2 representation, in the light of the judgment WP(C).No.8751 OF 2015(T) 4 referred above and pass orders at the earliest, at any rate, within a period of 4 months from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE Pn 17/08 WP(C).No.8751 OF 2015(T) 5 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 03/10/1989.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 18/11/2002 BEFORE THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 01/10/2002.

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