High Court of KeralaWP(C)/28081/2015disposed of

Upendranathan Nair K v. State Of Kerala

2015-09-28Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 WP(C).No. 28081 of 2015 (I) ---------------------------- PETITIONER(S):

-------------------------- UPENDRANATHAN NAIR K AGED 58 YEARS SPECIAL GRADE ATTENDENT THE KERALA STATE FINANCIAL ENTERPRISES LTD.

THADIYOOR BRANCH, PATHANAMTHITTA DISTRICT (AJEESH BHAVAN, THADIYOOR PO, PIN-689 545 PATHANAMTHITTA DISTRICT) BY ADVS.SRI.T.A.SHAJI (SR.) SRI.DARSAN SOMANATH SMT.NAMITHA JYOTHISH RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN-695 001.

2. THE PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.

3. THE PRINCIPAL SECRETARY TO GOVERNMENT TAXES DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.

4. THE KERALA STATE FINANCIAL ENTERPRISES LTD. BHADRATHA, PB NO.510, MUSEUM ROAD THRISSUR-680 020 REPRESENTED BY ITS MANAGING DIRECTOR.

5. THE MANAGING DIRECTOR THE KERALA STATE FINANCIAL ENTERPRISES LTD.BHADRATHA PB NO.510, MUSEUM ROAD, THRISSUR-680 020 R1-R3 BY GOVERNMENT PLEADER SMT M J RAJASREE R4 &R5BY SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28081 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- TRUE COPY OF THE MINUTES OF THE 460TH MEETING OF BOARD OF DIRECTORS OF THE 4TH RESPONDENT DATED 25-06-14. EXHIBIT P2- TRUE COPY OF THE COMMON JUDGMENT DATED 11-02-2015 IN WPC NO. 16562 OF 2014 OF THIS HON'BLE COURT.

EXHIBIT P3- TRUE COPY OF THE G.O.(RT)NO. 340/2015/TD DATED 20-05-2015. EXHIBIT P4- TRUE COPY OF THE JUDGMENT DATED 28-07-2015 IN WPC NO. 22188 OF 2015 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- TRUE COPY P.A TO JUDGE jma

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 28081 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of September, 2015

J U D G M E N T

The petitioner in the above writ petition seeks similar relief as in Ext.P4. In Ext.P4 the employees similar to the petitioner who were to be retired at the age of 58 were permitted continuance till the Government takes a decision on the question of revision of the date of superannuation based on the directions in W.P(C) No.16562/2014. The Government is yet to take a decision and in such circumstance, the very same directions shall apply to the petitioner herein. The petitioner shall also be continued with 50%of salary as subsistence allowance till a decision is taken by the Government or the petitioner attains the age of 60 years, whichever is earlier. The question of adjustment of payments made to the petitioner as per the directions above, shall also be left to the Government. Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma P.A to Judge