High Court of KeralaWP(C)/20838/2014disposed of

K. Sasikumaran v. State Of Kerala

2015-02-20Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WP(C).No. 20838 of 2014 (D) ---------------------------- PETITIONER:

------------------- K. SASIKUMARAN AGED 57 YEARS S/O. LATE BALAN, H.NO. 29/76 B VELAMKUDY PARAMBIL HOUSE, KOTTOOLI P.O.

KOZHIKODE-673016.

BY ADVS.SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SRI.K.S.MIZVER RESPONDENTS:

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

1. STATE OF KERALA TO BE REPRESENTED BY PRINCIPAL SECRETARY TO GOVERMENT INDUSTRIES (F) DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM.

2. MANAGING DIRECTOR KERALA STATE INDUSTRIAL ENTERPRISES LTD.

COTTON HILL, THYCAUD P.O., THIRUVANANTHAPURAM-695014. R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSEL, KSIE R2 BY ADV. SRI.P.GOPINATH R2 BY ADV. SRI.P.BENNY THOMAS R2 BY ADV. SRI.K.JOHN MATHAI R2 BY ADV. SRI.JOSON MANAVALAN R2 BY ADV. SRI.KURYAN THOMAS R1 BY ADV.SUNITHA VINOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20838 of 2014 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

COPY OF THE G.O.(P) 73/2003/ID DATED 24-6-03. EXHIBIT P2:

COPY OF THE NOTICE DATED 18-8-03 ISSUED BY MANAGING DIRECTOR OF KERALA SOAPS AND OILS LTD. KOZHIKODE. EXHIBIT P3:

COPY OF THE G.O.(MS) 58/08/ID DATED 15-5-08.

EXHIBIT P4:

COPY OF THE JUDGMENT IN WPC NO. 17348/06 DATED 7-2-14. EXHIBIT P5:

COPY OF THE REPRESENTATION DATED 25-2-14.

EXHIBIT P6:

COPY OF THE REPLY DATED 4-6-14 BEARING NO. KSIE/A&HR/72/270. EXHIBIT P7:

COPY OF THE APPEAL ORDER DATED 8-7-14 BEARING NO. KSIE/A&HR/72/478 ISSUED BY 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS: N I I --------------------------------------- //TRUE COPY// P.A. TO JUDGE JV

A. MUHAMED MUSTAQUE, J.

------------------------------- W.P.(C) No.20838 of 2014 ---------------------------------------------- Dated this the 20th day of February, 2015

JUDGMENT

Petitioner was an employee of Kerala Soaps and Oils Ltd., Kozhikode. Petitioner made an offer to retire under the VRS Scheme floated by the Company. By accepting the scheme, petitioner was relieved from service based on the package of the scheme. Thereafter, by Ext.P3 order, Government was pleased to approve another package of VRS for the remaining employees of the Company and was ordered to release the payment from the balance of funds sanctioned as per the Government order. Petitioner submits that he is also entitled for the benefit of that scheme.

2. The learned Standing Counsel points out that the petitioner having retired from the service based on the VRS scheme at that time cannot claim any benefit out of the subsequent scheme floated to the remaining employees.

3. There is no dispute in this matter that the petitioner retired from service based on the VRS scheme prevailing at that

W.P.(C) No.20838/2014 time. Petitioner's case is that those retired employees were also re-taken into the service and benefited by Ext.P3 order. I am of the view that the petitioner cannot make such claim since he was not in service at that time and there was no employer-employee relationship to extend the benefit of Ext.P3 to the petitioner. In view of the above, I do not find any merit in the writ petition and hence, the same stands dismissed accordingly. A. MUHAMED MUSTAQUE, JV JUDGE