Thomas Joseph Vs. State of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE10H DAY OF JULY201519TH ASHADHA, 1937 WP(C).No. 13098 of 2010 (J) ---------------------------- PETITIONER : ------------------ THOMAS JOSEPH,TRA178 THOZHUVANCODE, VATTIYOORKAVU.P.O., THIRUVANANTHAPURAM -695 013. BY ADVS.SRI.B.RAGUNATHAN SRI.G.GOPALAKRISHNA PILLAI SRI.R.SRINATH RESPONDENTS : ---------------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, INFORMATION AND PUBLIC RELATIONS DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. DIRECTOR, INFORMATION AND PUBLIC RELATIONS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001. R1 BY GOVERNMENT PLEADER SRI.S. JAMAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1007-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp WP(C).No. 13098 of 2010 (J) APPENDIX PETITIONER'S EXHIBITS : P1: COPY OF THE APPLICATION FORM IN THE PROFORMA. P2: COPY OF THE REPRESENTATION DT88/2006. P3: COPY OF THE LETTER DT111/2006 OF THE R2. P4: COPY OF THE REPRESENTATION DT2011/2006. P5: COPY OF LETTER NO. 24082/C2/06/PR (UNDATED) OF THE R2. P6: COPY OF THE LETTER DT124/2007 OF THE R2. P7: COPY OF THE REPRESENTATION DT1511/2007. P8: COPY OF THE LETTER DT1112/2007 OF THE R2. P9: COPY OF G.O.(RT)NO. 95/08/I & PR DT294/2008. P10: COPY OF THE LETTER DT228/2008. P11: COPY OF G.O.(RT) NO. 161/06/I&PRD DT2111/2006. P12: COPY OF G.O.(RT) NO. 16/09/I& PR DT161/2010. P13: COPY OF THE MINUTES OF THE JOURNALISTS PENSION MANAGING COMMITTEE IN ITS MEETING CONVENED ON263/2008. P14: COPY OF THE MINUTES OF THE JOURNALISTS PENSION MANAGING COMMITTEE IN ITS MEETING DT0104/2013 P15: COPY OF THE REPRESENTATION DT255/2015 SUBMITTED TO THE HONOURABLE CHIEF MINISTER OF KERALA RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE bp K. VINOD CHANDRAN, J.

===================== W.P.(C) No.13098 of 2010 - J ====================== Dated this the 10th day of July, 2015

JUDGMENT

The petitioner is aggrieved with the order passed at Ext.P3 dated 01.11.2006, which he chose to challenge by the above writ petition in 2010. The petitioner's claim for pension arises from the fact that he commenced his career as a journalist from 05.02.1993, when he was about 48 years of age. The petitioner's date of birth is 29.05.1945. The Journalists Welfare Pension Scheme 1993 was introduced in the State by notification dated 16.08.1993.

2. The registration as provided in the scheme was by para 6, which is extracted herein:- 6.eIdDdIUVJ5fx %"7N^O_ x<_XmxV f:OnW: ID_fHGm UOTm IbVJ_O^O_x_Aa5Oa" .K^W %yaIDm UOTm IbVJ_O^5^D_x_Aa5Oa" 2xa IdDdIUVJ5H^O_ g<^\_ f:Ona5Oa" f:OnbK /fD^x^ZAa" ( IiD_O_W2"7N^O_ x<_XmxV f:OnaKD_Hm %VYDOaI^O_x_AaKD^Cm. 2 W.P.(C) No.13098 of 2010 - J .K^W ( :GBZ dI^L\cJ_W UxaK XNOJa IdDdIUVJ5H^O_x_AaK2^Z 'Dm dI^L\cJ_W UKm &yaN^XJ_H5" 2x"7N^O_ x<_XmxV f:gOnID^Cm. (2) %"7N^O_ x<_XmxV f:OnaKD_HaU %gIf H_Vg_Wm? K^yJ_W (%HaLt" _ 1) MxCXN_D_Oaf? 5YU`HVAm HWg5ID^Cm. (3) 3gx^ %gIfgO^?afN^M" %gIf5X g<^\_f:OnaK XmE^IHJ_fa gIxm, %gIf5fa g<^\_, %O^Z g<^\_O_W dIgUV_:n D`OD_ XmE^IHJ_f\ fygA^VAm dI5^xNaU %O^{af? 4. The petitioner claims to have continued as a journalist from 05.02.1993 and the scheme having came up on 16.08.1993, the petitioner ought to have registered within six months from that date. Neither did he apply for registration within that time nor within a reasonable time after that. Further it is also to be noticed that Ext.P3 dated 01.11.2006 was never challenged. The petitioner contended himself with making representation after representation. The representations were of no avail since by that time the petitioner had crossed the age for grant of pension as per the Rules.

5. The petitioner who is said to have commenced his career as journalist at the age of 48, in the year 1993 did not enroll himself in the Pension Scheme, which was also introduced in 1993. Only on the verge of reaching the pensionable age of 4 W.P.(C) No.13098 of 2010 - J60 the petitioner applied for enrollment in 2004. The Scheme is one in which monthly contributions are to be paid, which obviously the petitioner has not made. The Scheme by sub- clause (2) of Clause(7) also provides that any member who does not pay the monthly contribution for a continuous period of 6 months would be disentitled form continuing the membership, automatically.

6. The petitioner relies on Exts.P11 to P14 to contend that regularisation was granted to many others and also relies on Ext.P14 to show that many persons had been granted such delayed registration. However from a reading of Exts.P11 to P14, it is not discernible as to how the petitioner claims himself to be identical to the persons shown in the said orders. The said orders pertain to sanction of pension to journalists registered under the scheme. In such circumstance, this Court is not inclined to permit the petitioner to be registered at this distance of time. The petitioner seeks that Ext.P15 be considered. 5 W.P.(C) No.13098 of 2010 - J However, the same is not a statutory application.

7. It is also to be noticed that the scheme defines a journalist as one who is working in any one or more newspapers wherein the Working Journalists and Other Newspapers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (Act 45 of 1955) is implemented and come within the Wage Board constituted under the Act. The contention of the Government that the newspaper in which the petitioner claims to be working is not covered under the Act has also not been answered by the petitioner. In such circumstance, on the ground of delay and the petitioner having not registered himself under the Rules, as also the reasoning adopted herein above, this Court does not find any reason to entertain the claim of the petitioner. The writ petition would stand dismissed. Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.