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High Court of KeralaWP(C)/961/2015disposed of

G.Pushparajan v. State Of Kerala

2015-01-12Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 961 of 2015 (U) -------------------------- PETITIONERS:

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1. G.PUSHPARAJAN RETIRED ASSISTANT ENGINEER RETIRED FROM WATER SUPPLY SECTION NO.II, ATTINGAL RESIDING AT:- NALANDA, PONGANADU P.O., KILIMANOOR THIRUVANANTHAPURAM DISTRICT.

2. G.UPENDRAN, RETIRED DRAFTSMAN GRADE-I RETIRED FROM WATER SUPPLY SECTION NO.II, ATTINGAL RESIDING AT:- REKHA NIVAS, PUTHIYAKAVU KILIMANOOR P.O., THIRUVANANTHAPURAM DISTRICT.

3. G.PRABHAKARAN, RETIRED ASSISTANT EXECUTIVE ENGINEER RETIRED FROM WORLD BANK PROJECT DIVISION OF KERALA WATER AUTHORITY KOLLAM, RESIDING AT:- PUNILAVU, AVANAVANCHERRY P.O. ATTINGAL, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001.

2. THE KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALA BHAVAN THIRUVANANTHAPURAM, PIN - 695 001.

3. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN THIRUVANANTHAPURAM, PIN - 695 001.

R BY SRI.JOSEPH JOHN R BY GOVERNMENT PLEADER: SRI M A FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 961 of 2015 (U) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------- EXHIBIT P1. TRUE COPY OF THE G.O.(P)NO.368/2012/FIN. DATED 03.07.2012.

EXHIBIT P2. TRUE COPY OF THE REPRESENTATION DATED 11.07.2014 FILED BY THE 1ST PETITIONER.

EXHIBIT P3. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER ON 15.07.2014.

EXHIBIT P4. TRUE COPY OF THE REPRESENTATION DATED 14.07.2014 SUBMITTED BY THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.961 of 2015 ============================ Dated this the 12th day of January, 2015

JUDGMENT

Petitioners are retired employees of the Kerala Water Authority. The retirement date of petitioners are as follows: 1st petitioner - 31.05.1998 2nd petitioner - 30.09.1990 3rd petitioner - 31.03.1989 Learned counsel for the petitioners submits that pay revision orders and pension revision orders were issued in 2012 by the Government. Accordingly, they are entitled for revised pensionary benefits with retrospective effect from 01.07.2009. It is submitted that the petitioners collected their revised pensionary benefits only partially. The balance of revised pensionary benefits due to the petitioners are as follows:

1st petitioner - `76,809/- 2nd petitioner - `30,121/- 3rd petitioner - `98,714/- 2.

However it is submitted that only a portion of the arrears to the tune of `10,000/- each was paid at the time of implementation of Ext.P1 Government Order. The balance amounts due to the

W.P(C).No.961 of 2015 petitioners were withheld by the respondents. Accordingly, petitioners approached the first respondent with Exts.P2 to P4 representations.

3.

In view of pendency of Exts.P2 to P4, there shall be a direction to the first respondent to consider Exts.P2 to P4 within a period of two months after affording an opportunity of hearing to the petitioners.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/14/01/15