Kerala High Court
K. Rahim vs Food Corporartion Of India on 15 January, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF JANUARY 2024 / 25TH POUSHA, 1945
WP(C) NO. 35149 OF 2015
PETITIONER:
K. RAHIM, AGED 60 YEARS
S/O.LATE KHADARKUNJU, RESIDING AT ANCHUVILA
VADAKKATHIL, NORTH MYNAGAPPALLY, MYNAGAPPALY P.O.,
KARUNAGAPPALLY, KOLLAM DISTRICT - 690519, EX. HANDLING
LABOUR SARDAR, DPS.NO.339, CPF NO.46191, FPS NO.132223,
EMPLOYEE NO.104581, FOOD CORPORATION OF INDIA, FSD,
KARUNAGAPPALY, KOLLAM DISTRICT
BY ADVS.
SRI.V.B.NARAYANAN
SRI.H.ABDUL SUDHEER
SRI.CIBI C.CHEERAN
SRI.M.P.HARIKUMARAN PILLAI
SRI.C.SIVADAS
RESPONDENTS:
1 FOOD CORPORARTION OF INDIA
REGIONAL OFFICE, KESAVADASAPURAM, THIRUVNANTHAPURAM -
695004, REPRESENTED BY GENERAL MANAGER
2 FOOD CORPORATION OF INDIA
ZONAL OFFICE, NO.3, HADDOWS ROAD, CHENNAI - 600006,
REPRESENTED BY ZONAL MANAGER
3 FOOD CORPORATION OF INDIA, DISTRICT OFFICE, KOLLAM -
695001, REPRESENTED BY AREA MANAGER
4 EMPLOYEES PROVIDENT FUND ORGANISATION
SUB REGIONAL OFFICE, KOLLAM - 691001, REPRESENTED BY
ASSISTANT PROVIDENT FUND COMMISSIONER
BY ADVS.
SMT.A.RAJESWARI, SC, FOOD CORPORATION OF INDIA
SRI.PIRAPPANCODE V.S.SUDHIR,SC,EPF ORGN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35149 OF 2015
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C)No. 35149 of 2015
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Dated this the 15th day of January, 2024
JUDGMENT
The above Writ petition is filed with the following prayers:
"(i) To issue a writ mandamus or other appropriate order directing the respondents to recalculate the superannuation benefits of the petitioner such as Pension, Gratuity and other benefits of the petitioner based on the revised Basic pay drawn by him as on 31-01-2015, the date of actual superannuation and submit fresh input data sheet to the Employees Provident Fund Organisation, Regional Office, Chennai.
(ii) To issue a writ in the nature of direction to pay the revised salary arrears, gratuity and pension and arrears thereof on the basis of the recalculation of the basic salary of the petitioner as on 31-01-
2015 along with interest at the rate of 18% per WP(C) NO. 35149 OF 2015 3 annum till the date of payment.
(iii) to issue such other order or orders which are deemed fit and proper in the facts and circumstances of the case."[SIC]
4. After going through the pleadings and after hearing the counsel appearing for the petitioner for some time, I am of the considered opinion that, these are matters to be raised before the 1st respondent by the petitioner by filing appropriate representation. If such a representation is received, there can be a direction to the 1st respondent to consider the same within a time frame.
Therefore, this Writ petition is disposed of in the following manner:
1. The petitioner is free to submit a representation narrating the grievance raised in this writ petition before the 1st respondent within a period of one month from the date of receipt of a WP(C) NO. 35149 OF 2015 4 stamped certified copy of this judgment.
2. Once such a representation along with a copy of this Writ petition with exhibits is received, the 1st respondent will consider the same and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the representation.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 35149 OF 2015 5 APPENDIX OF WP(C) 35149/2015 PETITIONER EXHIBITS P1:TRUE COPY OF THE PROCEEDINGS NO.IRL.1(1)/DPS/2014/AMQ DATED 24.07.2014 ISSUED BY THE 3RD RESPONDENT P2:TRUE COPY OF THE PENSION PAYMENT ORDER NO.KR/KLM/00093981 DATED 20.02.2015 P3:TRUE COPY OF THE OFICE ORDER NO.DPS.NO.339/DMQ DATED 27.01.2015 P4:TRUE COPY OF THE PAY SLIP FOR THE MONTH OF MAY 2014, ISSUED BY 3RD RESPONDENT P5:TRUE COPY OF THE SANCTION ORDER NO.DPS/339 DMQ DATED 20.02.2015 OF GRATUITY TO THE PETITIONER BY THE 3RD RESPONDENT P6:TRUE COPY OF THE LETTER NO.KR/KLM/PDS (2)/PPO.93981/2015 DATED 06.05.2015 ISSUED BY THE 4TH RESPONDENT P7:TRUE COPY OF THE FORM NO.16 ISSUED TO THE PETITIONER FOR THE FINANCIAL YEAR 2014-15 BY THE 3RD RESPONDENT RESPONDENT EXHIBITS: NIL //TRUE COPY// PA TO JUDGE