Kerala High Court
Dr. K.S. Radhakrishnan vs State Of Kerala on 2 August, 2021
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 6525 OF 2021
PETITIONER:
DR. K.S. RADHAKRISHNAN,
AGED 65 YEARS
S/O. LATE K.A. SUKUMARAN, RESIDING AT KALLUMADATHIL HOUSE,
SOUTH CHITTOOR P.O, ERNAKULAM, PIN-682 027
BY ADVS.
LATHA ANAND
SRI.M.N.RADHAKRISHNA MENON
SRI.K.R.PRAMOTH KUMAR
SRI.S.VISHNU (ARIKKATTIL)
SRI.RADHAKRISHNA PILLAI B
SHRI.SIDHARTH P.S.
SRI.ROHITH MOHAN
SHRI.RISHI VARMA T.R.
SHRI.GAUTHAM DEV C.P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001
2 THE DIRECTOR OF COLLEGIATE EDUCATION,
DEPARTMENT OF HIGHER EDUCATION, VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN-695 003
ADDL.R3. THE ACCOUNTANT GENERAL (A&E), KERALA OFFICE OF THE
ACCOUNTANT GENERAL, M.G. ROAD, STATUE, THIRUVANANTHAPURAM -
695 001
(IS IMPLEADED VIDER ORDER DATED 02.08.2021 IN I.A.NO.3/2021)
GP JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6525 OF 2021
2
JUDGMENT
Petitioner in the instant writ petition challenges the order Ext.P7 dated 12.02.2021 whereby the effect of the order dated 31.01.2013 has been effaced and the pension determined therein has been reassessed. Learned senior counsel for the petitioner submits that order Ext.P7 has been passed in clear violation of principles of natural justice, neither any notice nor communication has been issued. This court on 15.03.2021 stayed the operation of Ext.P7 for a period of three months which was extended vide order dated 30.03.2021 for another three months. However, the respondents have the audacity to implement the order Ext.P7 vide Ext.P8 which has been sought to be placed on record vide interim application No.4/2021. It is in that background petitioner has been constrained to file an interim application for amendment of the writ petition and impleadment of the additional respondent.
2. Learned counsel for the respondents submits that the stay was only till June 2021 whereas the impugned order Ext.P8 passed during the pendency of the writ petition is dated WP(C) NO. 6525 OF 2021 3 8.7.2021. Therefore, there is no blatant violation but expressed remorse that since the matter was pending the order could not have been passed.
3. I have heard the learned counsel for the parties and appraised the paper book.
4. The fact of the matter is that on plain and simple reading of order Ext.P7 it is evident that neither any notice or any opportunity of hearing has been afforded to the petitioner or other similarly situated employees who have been denied the benefit of pension granted to them vide order dated 31.01.2013 (Ext.P3). The respondents though during the pendency of the writ petition knowing the fact that the matter is subjudice, passed the order dated 08.07.2021 implementing the impugned order Ext.P7.
Without commenting on the conduct of the respondents at this stage, keeping in view the fact that no opportunity of hearing had been given to the petitioner and similarly situated employees as evident from Ext.P7, I allow the writ petition by quashing Exts.P7 and P8 and direct the respondents to take a call by WP(C) NO. 6525 OF 2021 4 revising or revisiting order Ext.P3 dated 31.01.2013 in compliance of the principles of natural justice and pass orders in accordance with law. Let this exercise be undertaken within a period of two months. I.A.Nos.1, 2 & 3 of 2021 are allowed, I.A.No.4/2021 is closed. The pension granted upto June, 2021 may be granted to the petitioner by releasing the arrears for the period of two months, within which time a decision is taken on reconsideration of Ext.P3.
Sd/-
AMIT RAWAL JUDGE nak WP(C) NO. 6525 OF 2021 5 APPENDIX OF WP(C) 6525/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF COMMON JUDGMENT IN W.P.C NO. 29674 OF 2008 AND 1411 OF 2009 DATED 21.10.2010.
EXHIBIT P2 TRUE COPY OF ORDER DATED 01.08.2011 ISSUED BY GOVERNMENT OF KERALA.
EXHIBIT P3 TRUE COPY OF DATED 31.01.2013 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF ORDER DATED 29.05.2013 IN CONTEMPT CASE 84 OF 2011.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 25.02.2021 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ENVELOPE IN WHICH EXHIBIT P5 WAS SERVED.
EXHIBIT P7 TRUE COPY OF GOVERNMENT ORDER DATED 12.02.2021.