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High Court of KeralaWP(C)/25708/2013disposed of

Kerala Local Self Service Pensioners Association v. State Of Kerala

2015-03-24Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 25708 of 2013 (K) ---------------------------- PETITIONER:

------------------- KERALA LOCAL SELF SERVICE PENSIONERS ASSOCIATION, REG. NO.A-762/2011, ALAPPUZHA DISTRICT COMMITTEE, ALAPPUZHA, REPRESENTED BY ITS SECRETARY, CHANDRAN PATHIL, PAZHAVEEDU P.O., ALAPPUZHA-688 009. BY ADV. SRI.C.A.RAJEEV.

RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY (LSGD), LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

2. THE PRINCIPAL SECRETARY (LSGD), LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

BY SR. GOVT. PLEADER SRI.V. VIJULAL.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 25708 of 2013 (K) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF G.O.NO.160/2013/LSGD DATED 24.04.2013. EXHIBIT P2: TRUE COPY OF G.O.(P)NO.87/2011/FIN DATED 28.02.2011. EXHIBIT P3: TRUE COPY OF G.O(P)NO.368/2012/FIN DATED 03.07.2012. EXHIBIT P4: TRUE COPY OF G.O.(ORD)(NO.2912/2011/LSGD DATED 08.12.2011. EXHIBIT P5: TRUE COPY OF REPRESENTATION DATED 22.07.2013 MADE BEFORE THE CHIEF MINISTER.

EXHIBIT P6: TRUE COPY OF REPLY DATED 29.08.2013 FROM THE CHIEF MINISTER'S OFFICE.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.25708 of 2013 ***************************************************** Dated this the 24th day of March, 2015

JUDGMENT

The petitioner is a registered Association of the retired contingent employees of the Alappuzha Municipality. The petitioner submits that they are entitled for benefit in terms of G.O.(P) No.160/2013/LSGD dated 24.4.2013. The petitioner submits that effective date in Ext.P1 for revise date of pension is from 1.7.2009. However, the pension arrears is granted only from 1.4.2010. Clause 9.1 of the above Government Order clearly states that pension arrears of the contingent pensioners consequent to the revision should be reckoned only from 1.4.2010.

2.

Highlighting the grievances, the petitioner have approached the Hon'ble Chief Minister of Kerala as Ext.P5. The Hon'ble Chief Minister has forwarded the same to the

W.P.(C) No.25708 of 2013 2 Principal Secretary as per Ext.P6. The only request made before this Court is for an early consideration of Ext.P5 by the Principal Secretary of the Local Self Government Department. In that view of the matter, there shall be a direction to the second respondent to take appropriate decision on Ext.P5 as forwarded by Ext.P6 within a period of four months after affording an opportunity of hearing to the petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln