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2022 Supreme(Online)(KER) 42872
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944 WP(C) NO. 16616 OF 2022 PETITIONERS:
1 K. LEKSHMY AGED 68 YEARS W/O V.G SOMAN, VENPUZHASSERY HOUSE, KAKKANAD P.O., ERNAKULAM, PIN-682 030.
2 T. BABY, AGED 65 YEARS W/O SUKUMARAN, KUNNUVILA HOUSE, UDIYANKULANGARA, AMARAVILA P.O., THIRUVANANTHAPURAM, PIN-695 122.
3 TREASA P.A, AGED 63 YEARS W/O V.V. FRANCIS, VALIYA PARAMBIL HOUSE, MOOLAMPALLY P.O., PIN-682 027.
4 RAECHAL ELIAS, AGED 66 YEARS W/O A.V ELIAS, AREEKAL HOUSE, NAYATHODU P.O., ANGAMALY, PIN 683 572.
5 LILLY VINCENT, AGED 65 YEARS W/O P.D. VINCENT, PALLIPPATU HOUSE, PALIYEKKARA, ANGAMALY P.O., PIN 683 572.
6 ARUNDHATHY C.A, AGED 65 YEARS W/O E.K SOMAN, MANAKKACHIRAYIL HOUSE, NETTOOR P.O, PIN-682 040.
7 A.A. GEORGE, AGED 65 YEARS S/O ELIAS, AVALUMTHADATHIL HOUSE, PANAMKUTTY, KORENCHIRA P.O, PALAKKAD, PIN-678 684.
8 A.R. RATNAKUMARI, W/O GOVINDAN, MUNDAPPADAM HOUSE, KARIMBRA, PALAKKAD, PIN-68 597.
9 MERCY THAILET T.C, AGED 64 YEARS W/O RASALAM, MERCY DALE, TAGORE ROAD, THRIKKANNAPURAM, ARAMADA P.O., THIRUVANANTHAPURAM, PIN-695 032.
10 C.SAKUNTHALA, AGED 66 YEARS W/O K. GOPI, PLAVILAPADIPPURA HOUSE, KAVINPURAM, KATTACHALKUZHI P.O., PIN-695 509.
11 PRASANNA C, AGED 70 YEARS W/O SOMAN K, KALLUVILA VEEDU, MOONGODU P.O., THIRUVANANTHAPURAM, PIN-695 144.
12 SAROJINI C, AGED 65 YEARS W/O K. AYYAPPAN, ANANDABHAVAN, DHANUVACHAPURAM P.O., THIRUVANANTHAPURAM, PIN-695 503.
13 LEELA P., AGED 63 YEARS W/O RAJAPPAN, PUTHEN VEEDU, ULLURIPPUVILA, PATHAM KALLU, PERUMKADAVILA, PIN- 695 124.
14 PRASANNAKUMARI. P, AGED 65 YEARS W/O MURUKAN, DEVINILAYAM, PARASUVAKKAL P.O., THIRUVANANTHAPURAM, PIN-695 508.
BY ADV T.N.SREEKALA RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 KERALA STATE LITERACY MISSION AUTHORITY, 'AKSHARAM', NEAR PETTAH GOVERNMENT BOYS HIGHER SECONDARY SCHOOL, PETTAH P.O, TRIVANDRUM- 695024 REPRESENTED BY ITS DIRECTOR
3 THE DIRECTOR, KERALA STATE LITERACY MISSION AUTHORITY, 'AKSHARAM', NEAR PETTAH GOVERNMENT BOYS HIGHER SECONDARY SCHOOL, PETTAH P.O, TRIVANDRUM- 695 024.
ADV.DINESH MATHEW J.MURICKEN SRI.T.K.SHAJAHAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 13th day of June, 2022 This writ petition is filed seeking the following prayers:
“(i) Declare that the petitioners are entitled for arrears of Honorarium for the period to which services rendered by them.
(ii) Issue a writ of mandamus or other appropriate writ order or direction commanding the respondents disburse the Honorarium for the period they had discharged duties as Preraks and Nodal Preraks with interest calculated at the rate of 9% per annum with effect from the date from which the same fell due.
(iii) Grant adequate compensation for the belated payment either in the form of the cost or otherwise to each of the petitioners.”
2. Heard the learned counsel for the petitioners, the learned Government Pleader as well as the learned counsel appearing for respondents 2 and 3.
3. It is submitted by the learned counsel for the petitioners that the petitioners had been working as Preraks under the 2nd respondent on a monthly honorarium. It is submitted that the only issue that remains between the petitioners and the respondents is with regard to arrears of pay which is to be paid to the petitioners. The petitioners place reliance on Ext.P5 order of the Kerala State Human Rights Commission. It is submitted that by Ext.P6, the petitioners were informed that the issue is being considered by the 3rd respondent. The learned counsel for the petitioners submits that the petitioners may be permitted to approach the 3rd respondent with their claims as well which may be considered.
4. Having considered the contentions advanced and having heard the learned counsel appearing for respondents 2 and 3 as well, there will be a direction that in case the petitioners approach the 3rd respondent with proper representations with details of their service as Preraks, the issue with regard to arrears of pay shall be considered by the 3rd respondent. It is made clear that I have expressed no view on the merits of the matter and it will be for the 3rd respondent to take an appropriate decision in the matter. In case the petitioners submit proper representations with all connected records within 2 weeks from the date of receipt of a copy of this judgment, orders shall be passed on the same within a period of two months thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 16616/2022 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 1ST PETITIONER BEARING NO. A2.189/98 DATED 08.02.1999 ISSUED FROM THE OFFICE OF THE THRIKKAKKARA GRAMA PANCHAYAT.
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER BEARING NO. D-264/97, DATED 14.01.1999, ISSUED TO THE
13TH PETITIONER FROM THE OFFICE OF THE KUNNATHUKAL GRAMA PANCHAYAT.
Exhibit P3 A CHART SHOWING THE DETAILS OF THESE PETITIONERS.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
31.08.2017, SUBMITTED BY SOME OF THESE PETITIONERS BEFORE THE LEARNED HUMAN RIGHTS COMMISSION.
Exhibit P5 TRUE COPY OF THE ORDER IN H.R.M.P. NO.
2226/2018/T.V.M, DATED 18.07.2018 RENDERED BY THE LEANED HUMAN RIGHTS COMMISSION Exhibit P6 TRUE COPY OF THE LETTER NO.
A73906/17/K.S.L.M.A, DATED 24.05.2019 FROM THE 3RD RESPONDENT.
RESPONDENTS’ EXHIBITS: NIL
