IN THE KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM
(CAMP SITTING, ERNAKULAM)
Present:
The Hon'ble Mr. Benny Gervacis, Judicial Member
Dated this the 13th of October 2O21
OA[EKM]-1626/2O21
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Applicant(s):
1) Lincy M.G., Aged 38 years, W/o.Santhosh K.P., Senior Grade
Typist at the District Medical Office, Mananthavady, Wayanad -
670645, ..,,Residing at Kuppanil (H), Kolayil P.O., Thrissur- 680
010 [** By order dated 30.11.2021 in M.A.(EKM)1852/2021, the
address of the 1st applicant stands corrected as follows: Lincy
M.G., Aged 38 years, W/o.Santhosh K.P., Senior Grade Typist at
the District Medical Office (Homoeo), Thrissur-680 003, Residing
at Kuppanil (H), Kolayil P.O., Thrissur- 680 010 ,Kerala -680010
2) Jisha C Vijayan, Aged 38 years, W/o.Shaji, Attender, at the
Government Homoeo Dispensary, Perumpilav, Thrissur-680519,
residing at Kuttankulangara House, Akathiyur P.O., Thrissur -
680 503..,,,Kerala -0
3) Shibbi M.S., Aged 46 years, W/o.Sivadas, Attender at the
Government Homoeo Dispensary, Chavakkad, Thrissur - 680
506, residing at Tharayil (H), Punnayoorkulam, Thrissur -
679561..,,,Kerala -0
4) Himi E.M., Aged 35 years, Attender at the Government Homoeo
Dispensary, Kadappuram, Chavakkad, Thrissur - 680 514, ,
residing at Kayampurath (H), Vellani P.O., Irinjalakuda, Thrissur -
680701..,,,Kerala -0
5) Bessy Baby N., Aged 38 years, W/o.Davis P.A., Attender, at the
Government Homoeo Dispensary, Venkidangu, Thrissur-680 510,
residing at Pallikunnath (H), Anthikadu P.O., Jawan Road,
Thrissur-680641..,,,Kerala -0
By Advs. RAJIT
Respondent(s):
1) State of Kerala, represented by the Secretary to the Government,
Department of Homeopathy, Government Secretariat,
Thiruvananthapuram-695001.,, Kerala -0
2) The Principal Secretary (Finance), Department of Finance,
Government Secretariat, Thiruvananthapuram-695001.,, Kerala -0
3) Director of Homoeopathy, Directorate of Homoeopathy,
Pazhavangadi, Thiruvananthapuram-695023.,, Kerala -0
4) The Kerala Public Service Commission, Represented by the
Secretary, Pattom, Thiruvananthapuram-695004.,, Kerala -0
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5) The District Medical Officer, Department of Homoeopathy Wayanad
District, PIN-673121 [** By order dated 30.11.2021 in M.A.
(EKM)1852/2021, the address of the 5th respondent stands corrected
as follows: The District Medical Officer, Department of Homoeopathy,
Thrissur, District Medical Office, Thrissur-680 003].,, Kerala -0
6) The District Medical Officer, Department of Homoeopathy, Thrissur,
PIN-680020,, Kerala -0
SHRI SUNIL KUMAR KURIAKOSE, GOVERNMENT PLEADER FOR
RESPONDENT Nos. 1,2,3, 5 AND 6/// SHRI P.C. SASIDHARAN, SC FOR
KPSC FOR RESPONDENT No.4.
This having been finally heard on 13th of October
2O21, the Tribunal on the same day passed the following:
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BENNY GERVACIS, JUDICIAL MEMBER
=========================================
OA[EKM]. NO. 1626 OF 2021
==========================================
DATED THIS THE 13TH DAY OF OCTOBER 2021
ORDER
The applicants are Senior GradeTypists and Attender in the Homoeo
Department. The applicants entered the Ayush Department on advice
by the Public Service Commission from the ranked list for their respective
posts published between the years 2009 to 2012. Though the applicants
were included in the ranked list published in the year 2009 – 2012,
advices were issued to them in the year 2013 and as a result of the
same they were included under the Contributory Pension Scheme (NPS)
which was introduced in the State with effect from 1.4.2013.
2. Learned counsel for the applicants refers to the decision of the
Hon’ble High Court of Delhi produced as Annexure A6 which was upheld
by the Hon’ble Supreme Court of India. It is submitted with reference to
Annexure A6 judgment by the Full Bench of the Hon’ble High Court of
Delhi that all candidates, who were appointed from a ranked list
published pursuant to a common notification and selection process, were
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entitled for similar benefits, ie. all the candidates were included in the
ranked list published prior to 1.4.2013 was eligible for inclusion in the
Statutory Pension Scheme. Claiming the above benefits, the applicants
have moved the first respondent in Annexures A1 to A5 representations
before the respondents. Learned counsel for the applicants seeks a
direction to the first respondent to consider and pass appropriate orders
on the above representations in the light of the Full Bench decision of the
Hon’ble High Court of Delhi which was upheld by the Hon’ble Supreme
Court of India.
In view of the above facts noted above, the Original Application is
disposed of directing the first respondent to consider and pass
appropriate orders on Annexures A1 to A5 representations without further
delay and at any rate within a period of three months from the date of
receipt of a copy of this order after affording an opportunity of hearing to
any any of the applicants or their duly authorized representatives. The
first respondent shall pass appropriate orders in the light of Annexure A6
judgment as upheld by the Hon’ble Supreme Court of India.
Sd/- Benny Gervacis (Judicial Member)
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ks
//True copy// Deputy Registrar(Judicial)
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APPENDIX
OA[EKM]-1626/2O21
APPLICANT'S ANNEXURES:
Annexure True copy of representation made by the 1st
A1- applicant before the 1st respondent. .
Annexure True copy of representation made by the 2nd
A2- applicant before the 1st respondent. .
Annexure True copy of representation made by the 3rd
A3- applicant before the 1st respondent. .
Annexure True copy of representation made by the 4th
A4- applicant before the 1st respondent. .
Annexure True copy of representation made by the 5th
A5- applicant before the 1st respondent. .
A true copy of the judgment dated 27.03.2017 in
Annexure
WPC No.2810/2016 of the High Court of Delhi in
A6-
Rajendra Singh and Ors Vs. UOI and Ors. .
A true copy of the order of the Honourable Kerala
Annexure
Administrative Tribunal in O.A(Ekm)1836/2020 dated
A7-
08.12.2020.
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