Ramanujan T.R v. Government Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 WP(C).No. 13371 of 2015 (V) ---------------------------- PETITIONER(S):

---------------------- RAMANUJAN T.R, AGED 58 YEARS S/O. LATE RAMA VARRIER T., HELPER KERALA STATE BEVERAGES (M&M) CORPORATION WARE HOUSE FL1 NO. 7018 SHOP, TIRPUNITHURA, ERNAKULAM DISTRICT PIN - 682 301 (RESIDING AT THIRUVANIYUR VARIYAM THIRUVANIYUR P.O., PUTHANKURISSU VIA ERNAKULAM - 682 308) BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENT(S):

----------------------------

1. GOVERNMENT OF KERALA REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. MANAGING DIRECTOR, KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LIMITED P.B. NO. 2263, SASTHAKRIPA OFFICE COMPLEX SASTHAMANGALAM, THIRUVANANTHPURAM - 695 010.

3. GENERAL MANAGER, KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LIMITED P.B. NO. 2263, SASTHAKRIPA OFFICE COMPLEX SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010.

4. MANAGER, KERALA STATE BEVEAGES CORPORATION WARE HOUSE TRIPUNITHURA, ERNAKULAM - 682 301.

R2-R4 BY ADV. SRI.C.S.AJITH PRAKASH,SC,BEVERAGES CORP R BY GOVERNMENT PLEADER SMT. A. LOWSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13371 of 2015 (V) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1TRUE COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF THE PETITIONER, EVIDENCING HIS DATE OF BIRTH AS 01/05/1957. EXHIBIT-P2TRUE COPY OF THE IDENTITY CARD BEARING EMPLOYEE CODE NO. 1256 ISSUED TO THE PETITIONER.

EXHIBIT-P3TRUE COPY OF THE LAST PAY SLIP OF THE PETITIONER FOR THE MONTH OF MARCH, 2015.

EXHIBIT-P4TRUE COPY OF THE G.O(MS) 205/09/TD DATED 18/11/2009 EXHIBIT-P5TRUE COPY OF THE CIRCULAR NO. KSBC/AA1/10747/04(08) DATED 28/11/2009 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P6TRUE COPY OF THE G.O(MS) 33/2011/TD DATED 22/02/2011 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P7TRUE COPY OF THE G.O(MS) 36/2011/TD DATED 22/02/2011 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT-P8TRUE COPY OF THE CIRCULAR NO. KSBC/IA/042/2011-12 DATED 08/04/2011 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT-P8(A)-TRUE COPY OF THE G.O(RT) NO.907/2014/TD DATED 21/11/2013ISSUED BY THE IST RESPONDNT EXHIBIT-P9TRUE COPY OF THE JUDGMENT DATED 11/02/2015 IN W.P(C) 14524/2014 EXHIBIT-P10- TRUE COPY OF THE PROCEEDINGS DATED 23/04/2015 OF THE 2ND RESPONDENT.

EXHIBIT-P11TRUE COPY OF THE PROCEEDINGS DATED 23/04/2015 OF THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- // TRUE COPY // P.A TO JUDGE.

SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.13371 of 2015 - V ====================== Dated this the 15th day of September, 2015

J U D G M E N T

The issue raised in the above writ petition on the question of parity in service is the age of superannuation of 60 years, to be applied to regular employee of the respondent Corporation as applicable to Abkari workers, who are absorbed in the respondent Corporation. While, the regular employees were to be continued till 58 years of age, the Abkari workers who were taken into the service of the respondent Corporation were to be superannuated at the age of 60 years.

2. The said issue is no longer res integra and is covered by the Division Bench decision of this Court reported in Managing Director, KSBC, Trivandrum and Another v. P.B.Gopi and Another [2015(3) KHC 804]. The Division Bench having held that the classification is proper, the petitioner, who is

W.P.(C) No.13371 of 2015 - V a regular worker of the respondent Corporation has to retire in accordance with the terms of his appointment, ie., at the age of 58 years.

The writ petition hence would stand dismissed. Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.