Rajan, V. vs Institute of Human Resources Development (Ihrd)

Type Court Judgment Court Kerala Decided Feb 06, 2024

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Citation: sooperkanoon.com/1303666
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Feb 06, 2024
Case Number: WP(C)/29083/2019

Parties & Advocates

Appellant / Petitioner

Rajan, V.

Respondent

Institute of Human Resources Development (Ihrd)

Excerpt

.....of 2020. the division bench noted that the executive committee of the ihrd had decided to disburse the 9th pay revision arrears only to the retired hands of the ihrd in four annual equal instalments, subject to availability of funds and a direction was given to pay the amounts directed in the interim order within a month from 10th march 2020. accordingly, the writ appeal was dismissed.5. the learned counsel for the petitioner submits that he had received the amount as directed in the interim order.6. as regards the balance, the learned standing counsel for theihrd submits on the basis of the statement in the counter affidavit that the executive committee of the ihrd decided to pay the arrears as per the 9th pay revision only to the retired employees and the same will be required in four equal annual instalments, subject to the availability of funds from the coming financial year. this affidavit was filed on 22.02.2020.7. the petitioner submits that despite the lapse of nearly four years, nothing has been paid. in such circumstances, taking note of the undertaking on the counteraffidavit filed, there will be a direction to 1st respondent to pay the balance of arrears due to the petitioner in six equal monthly instalments commencing from 01.03.2024.this writ petition is allowed as above. sd/- mohammed nias c.p. judge sma appendix of wp(c) 29083/2019 petitioner exhibits :- true copy of the order no. a1/132/2006/cas/vc exhibit p1 dated vadakkencherry 31/10/2015 true copy of the judgment in w.p(c) no. 10598 exhibit p2 of 2017 of this hon'ble court dated 23/3/2018 true copy of the judgment in writ appeal no. exhibit p3 true copy of the order no. eb2/12726/2017/hrdexhibit p4 dated 10/6/2019 issued by the 1st respondent true copy of the representation dated exhibit p5 29/8/2019 submitted by the petitioner to the1st respondent along with its postal receipt

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 PETITIONER :- RAJAN, V., AGED 62 YEARS S/O. VELAYUDHAN, WATCHER/PEON (HG) (RETIRED) COLLEGE OF APPLIED SCIENCE, VADAKKENCHERRY, PALLATH HOUSE, NADAKKAVIL, PADOOR P.O, ALATHUR , PALAKKAD BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS :- 1 INSTITUTE OF HUMAN RESOURCES DEVELOPMENT (IHRD) PRAJOE TOWERS, VAZHUTHACAUD, THIRUVNANTHAPURAM 695 014 2 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 BY ADV SRI.DEEPU THANKAN, SC, IHRD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is a retired employee of IHRD, to whom the benefits of the 9th pay revision have been extended. The petitioner submits that he had received the pay revision benefits only from 01.01.2015 and from 01.07.2009 to 31.12.2014, the same is in arrears.

2. In the writ petition, the petitioner prayed for the disbursement of pay revision arrears in tune with the Government Order dated 09.12.2014.

3. By way of an interim order dated 17.12.2019, this Court had directed to pay 20% of the arrears due to the petitioner in accordance with the UGC Scheme within three weeks.

4. The 1st respondent carried the matter in appeal by filing

W.A.No.369 of 2020. The Division Bench noted that the Executive Committee of the IHRD had decided to disburse the 9th pay revision arrears only to the retired hands of the IHRD in four annual equal instalments, subject to availability of funds and a direction was given to pay the amounts directed in the interim order within a month from 10th March 2020. Accordingly, the Writ Appeal was dismissed.

5. The learned counsel for the petitioner submits that he had received the amount as directed in the interim order.

6. As regards the balance, the learned standing counsel for the

IHRD submits on the basis of the statement in the counter affidavit that the Executive Committee of the IHRD decided to pay the arrears as per the 9th pay revision only to the retired employees and the same will be required in four equal annual instalments, subject to the availability of funds from the coming financial year. This affidavit was filed on 22.02.2020.

7. The petitioner submits that despite the lapse of nearly four years, nothing has been paid. In such circumstances, taking note of the undertaking on the counter

affidavit filed, there will be a direction to 1st respondent to pay the balance of arrears due to the petitioner in six equal monthly instalments commencing from 01.03.2024.

This writ petition is allowed as above. Sd/- MOHAMMED NIAS C.P. JUDGE SMA APPENDIX OF WP(C) 29083/2019 PETITIONER EXHIBITS :- TRUE COPY OF THE ORDER NO. A1/132/2006/CAS/VC EXHIBIT P1 DATED VADAKKENCHERRY 31/10/2015 TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 10598 EXHIBIT P2 OF 2017 OF THIS HON'BLE COURT DATED 23/3/2018 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO. EXHIBIT P3 TRUE COPY OF THE ORDER NO. EB2/12726/2017/HRD

EXHIBIT P4      DATED 10/6/2019 ISSUED BY THE 1ST RESPONDENT
                TRUE   COPY  OF   THE   REPRESENTATION   DATED
EXHIBIT P5      29/8/2019 SUBMITTED BY THE PETITIONER TO THE

1ST RESPONDENT ALONG WITH ITS POSTAL RECEIPT

Same Court & Year Kerala · 2024 Same Parties Rajan, V. vs Institute of Human Resources Development (Ihrd) Same Judge Honourable Mr.Justice Mohammed Nias C.P.