Kerala High Court
M.Krishnan Kutty vs K.R.Sahadevan Nair on 13 July, 2010
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 2ND DAY OF APRIL 2012/13TH CHAITHRA 1934
WA.No. 1851 of 2010 ( ) IN WPC/21770/2010
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AGAINST THE ORDER/JUDGMENT IN WPC.21770/2010 DATED 13-07-2010
APPELLANT(S)/IST PETITIONER:
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M.KRISHNAN KUTTY,EX-SLR(UN SKILLED),AGED
58 YEARS,S/O.NARYANAN NAIR,MACHINGAL
KANHIRAPUZHA,PALAKKAD DISTRICT.
BY ADV. SRI.U.BALAGANGADHARAN
RESPONDENT(S)/PETITIONERS 2 TO 11 & RESPONDENTS:
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1. K.R.SAHADEVAN NAIR,EX-SLR(SKILLED)AGED
60 YEARS, S/O.SAHADEVAN NAIR,PANAKKAMATTOM HOUSE
KANJIRAPUZHA PALAKKAD DISTRICT.
2. P.MUHAMMED,EX-SLR(UN SKILLED)
S/O.ABDU,PLASSERY,MUTHUKURISSI PO
PICHALAMUNDA,PALAKKAD DISTRICT.
3. MOHAMMED KUTTY,EX-SLR(UN SKILLED)
AGED 59 YEARS,S/O.ALAVI,MATTUMAL HOUSE
PICHALAMUNDA,MUTHUKURUSSI O, THACHAMPARA
PALAKKAD DISTRICT.
4. V.BALAN,EX-SLR(UN SKILLED),AGED 59
YEARS,S/O.P.VEELAYUDHAN,PALAKKOTTU PARAMBIL
KANJIRAPUZHA PO, THARISSUPADAM.
5. MOIDEEN,EX-SLR(UN SKILLED),AGED 65
YEARS,S/O.POOKER,KAZHUTHAVETTI
IRUMBAKA CHOLA, KANJIRAPUZHA,PALAKKAD DISTRICT.
6. C.K.ABDU,EX-SLR(UN SKILLED)
KOYAKUTTY,CHOPPODAN HOUSE,KANJIRAPUZHA.PO.
7. K.V.HAMZA,EX-SLR(UN SKILLED)
SLR UN - SKILLEDMKARUPPAM VEETIL,KANJIRAMPUZHA
PALAKKAD.
8. K.PONNU,EX-SLR(UN SKILLED),RES.KOLLAPADY
KANJIRAPUZHA,QUARTERS,PALAKKAD DISTRICT.
9. P.HAMMED,EX-SLR(UN SKILLED)
AGED 58 YEARS,S/O.SOOPI,RES.PULLENKANI
KANJIRAPUZHA,PALAKKAD DISTRICT.
10. K.MATHAI,EX-SLR(UN SKILLED),AGED 64
YEARS,S/O.SCARIA,RES.KANDAM KULATHIL
PO THACHANGAD,PALAKKAD DISTRICT.
11. STATE OF KERALA,REP.BY ITS SECRETARY,
IRRIGATION DEPARTMENT,GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM.
12. CHIEF ENGINEER,IRRIGATION DEPARTMENT
THIRUVANANTHAPURAM.
13. ASSISTANT EXECUTIVE ENGINEER,
KANJIRAPUZHA IRRIGATION PROJECT,KANJIRAPUZHA
PALAKKAD DISTRICT.
BY ADV. GOVERNMENT PLEADER SRI. P.I. DAVIS
BY ADV. SRI.MATHEW KURIAKOSE
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02-04-2012, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MANJULA CHELLUR Ag. C.J. &
V. CHITAMBARESH, J
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W.A. NO. 1851 OF 2010
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Dated this the 2nd day of April, 2012
JUDGMENT
Manjula Chellur, Ag. C. J.
Heard the learned counsel for the appellant. We have gone through the judgment of the learned single Judge. The writ petition was rejected by placing reliance on the judgment in WP(C) No. 18713/2010 on the ground that there was no provision for providing the reliefs sought by the writ petitioner. It is not in dispute that the petitioner started his career as Casual Labour Roll (CLR) worker on daily wages and he was absorbed in service as Seasonal Labour Roll (SLR) worker with effect from 09.10.1991. He was to retire from service on 30.06.2010. According to the petitioner, he was not given his pensionary benefits inspite of long service he had rendered in the respondent department. The claim came to be rejected as per Ext.P4 wherein SLR workers were not eligible for pension. Therefore in WP(C) No. 18713/2010 the learned single Judge based on the nomenclature of the workers and 2 WA No. 1851/2010 option they made out during the service was justified in opining that as per Ext.P2 they were not entitled for any pensionary benefits because at Ext.P2 it refers to Nominal Roll worker (NMR).
2. Unless the appellant in the present case was also treated as NMR worker he is not entitled for the pension and it is not in dispute that he was only a SLR worker. Hence Ext.P4 referred to in the earlier writ petition and Ext.P2 in the very same writ petition would come in the way of extending any such benefit to the present appellant as well. We do not find any good ground to interfere with the judgment of the learned single Judge. Accordingly, the writ appeal is dismissed.
MANJULA CHELLUR ACTING CHIEF JUSTICE V. CHITAMBARESH JUDGE ncd