Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE19H DAY OF FEBRUARY201430TH MAGHA, 1935 WP(C).No. 20703 of 2012 (K) ----------------------------- PETITIONER(S): -------------- 1. K.A AMMINI, PARAGANAD, NADAKKAPARA, PERUMPANACHY, CHANGANACHERRY.
2. K. VASUMATHI KAVUPARAMBIL HOUSE, PERUNNA EAST. CHANGANACHERRY.
3. HONEMAN DEVAN, MUKKUDI LAKSHAM VEEDU, NALPATHICHITHARA, VALADI P.O. NARAGATHARA.
4. K. PATTAN, MUNICIPAL COLONY, FATHIMAPURAM, CHANGANACHERRY.
5. THRESIAMMA ANTONY, KEEZHTHARA, PANACHICAVU P.O., CHANGANACHERRY.
6. N. LEELA, CHAMAPARAMBUURAVAYIL, THRIKODITHANAM, CHANGANACHERRY. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENT(S): -------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT (MUNICIPAL CONTINGENT SERVICE) SECRETARIAT THIRUVANANTHAPURAM. PIN695001 2. CHANGANACHERRY MUNICIPALITY REPRESENTED BY ITS SECRETARY CHANGANACHERRY. PIN.686 101 3. DEPUTY DIRECTOR LOCAL FUND AUDIT DEPARTMENT CHANGANACHERRY MUNICIPALITY, PIN.686 101. BY GOVERNMENT PLEADER SMT.SANJEETHA.K.A. R2 BY ADVS. SRI.M.P.ASHOK KUMAR SRI.P.C.GOPINATH SRI.S.A.ABDUL SALEEM SRI.M.R.DHANIL SRI.S.NANDAGOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1902-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20703 of 2012 (K) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1 - TRUE COPY OF THE PAY REVISION ORDER
DATED76-2007 OF MUNICIPAL CONTINGENT EMPLOYEES. EXHIBIT-P2 - TRUE COPY OF THE REPRESENTATION DATED284-2012 FILED BY THE PETITIONERS BEFORE THE2D RESPONDENT. EXHIBIT-P3 - TRUE COPY OF THE REPRESENTATION DATED107-2012 FILED BY THE PETITIONERS BEFORE THE1T RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE Pn C.K. ABDUL REHIM, J.
------------------------------------ W.P.(C). No. 20703 of 2012 --------------------------------------------------- Dated this the 19th day of February, 2014 JUDGMENT
The petitioners are contingent employees retired from the service of the 2nd respondent Municipality. Grievance is regarding non-payment of the arrears of pension due based on the pay revisions effected from 01.04.1994 and from 01.07.2004. It is stated that, despite submission of Ext.P2 representation no steps were taken for computation and payment of the arrears.
2. Learned standing counsel appearing for the 2nd respondent Municipality had pointed out that Ext.P2 representation is submitted by all the petitioners jointly and it does not contain specific details regarding the service of each of the employees like, date of joining in service, date of retirement, scale of last drawn pay, length of qualifying service etc. Further it is submitted that the 5th petitioner is not a contingent employee, but she is only the widow of an N.M.R. worker. The 2nd respondent Municipality is not in a position to consider the claims, unless the petitioners furnish individual details, is the submission.
3. Learned counsel for the petitioners submits that, the W.P.(C). No. 20703 of 2012 -2- petitioners will approach the 2nd respondent with individual requests, furnishing all the requisite details regarding service of each of them. On that basis he seeks for a direction to the 2nd respondent for consideration of such requests and for disposal of the same.
4. Under the above mentioned circumstances, the writ petition is disposed of reserving liberty to the petitioners to submit individual requests claiming arrears of pension due on the basis of service rendered by each of them. Such requests should be submitted giving details of the service of each one of the petitioners. If the 2nd respondent receives any such requests along with a copy of this judgment, the same shall be considered and appropriate decision for payment of eligible amounts due to each of the petitioners shall be taken at the earliest. At any rate the eligible amounts due to the petitioners on the basis of such decision shall be paid within a period of 3 months from the date of receipt of such requests. Sd/- C.K. ABDUL REHIM, JUDGE /True copy/ P. A. to Judge Pn