M PRABHAKARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed as a driver in the Trivandrum City Improvement Trust on 24.7.1961. While he was working as driver there, the employees of the Trivandrum City Improvement Trust were taken over by the Kerala State Housing Board when it was formed in 1971. While in the service of the Kerala State Housing Board, the petitioner got promotion as vehicle supervisor in 1980. While holding the post of Vehicle Supervisor, he retired from service on superannuation on 30. 11. 1987.

(2.) Under the provisions of the Kerala State Housing Board Act, 1971, the Kerala State Housing Board is competent to frame regulations regarding the service conditions of its employees with the previous approval of the Government. In the meeting held on 26.11.1983, the Kerala State Housing Board framed the Kerala State Housing Board Employees (Pension and other Retirement Benefits) Regulations and forwarded it to the Government for approval. When there was no response from the Government, the Kerala State Housing Board Employees Association submitted representation to the Government complaining about the delay in granting approval to the regulations. In response to the said representation dated 25.9.1987, the Honourable Minister for Housing sent Ext. P2 letter dated 23.10.1987 to the General Secretary, Kerala State Housing Board Employes Association informing him that the Government had already declared its decision to allow pension to the employees of the Kerala State Housing Board and that steps were being taken to implement the said decision. However, it was only on 27.5.1989 that the Government issued Ext. P3, G. O. (Ms). No. 30/89/Hsg. dated 27.5.1989 ordering that pension would be introduced to the employees of the Kerala State Housing Board with effect from the date of the said order. It was also ordered therein that Contributory Provident Fund would be made discontinued and General Provident Fund would be made application to the employees of the Housing Board from the date of introduction of the Pension Scheme. It was also stated that the Rules/Regulations governing the payment of pensionary benefits would be issued separately. Ultimately, the service regulations in respect of pension and other retirement benefits of the employees of the Kerala State Housing Board were approved and confirmed by Government in G. O. (Ms.) No. 55/90/Hsg. dated 27.12.1990 and the approved regulations were published as per Ext. P4 notification dated 27.12.1990. According to Regulation 1(2), the said regulations shall be deemed to have come into force with effect from 27th May, 1989. It may be remembered that 25th May, 1989 is the date of Ext. P3 Government Order in which the Government ordered that Pension Scheme would be introduced to the employees of the Kerala State Housing Board with effect from the date of the said order. It may also be noted that long before the introduction of the Pension Scheme for the employees of the Housing Board, the petitioner had retired from the service of the Housing Board on 30.11.1987.

(3.) The petitioner along with the General Secretary of the Kerala State Housing Board Employees Association had filed O. P. No. 9935 of 1987 complaining about the delay on the part of the Government in granting approval to the Regulations framed by the Kerala State Housing Board. During the pendency of the said Original Petition, the petition retired from service on 30.11.1987. It was after the petitioner's retirement from service that Ext. P3 order dated 27.5.1989 was issued by the Government ordering that pension would be introduced to the employees of the Kerala State Housing Board with effect from the date of the said order and that the Regulations were published as per Ext. P4 notification dated 27.12.1990. Hence, O. P. No. 9935 of 1987 was amended for including the prayer for direction to extend the benefit of Ext. P4 Regulations to the petitioner also. The said original petition was disposed of by the High Court as per Ext. P5 judgment dated 27.6.1991. In Ext. P5 judgment, the court held that these was clear injustice in the matter and that it was only proper to redress it as soon as possible. The court also expressed confidence that the Government and the Kerala State Housing Board would consider the matter in the right spirit and the petitioner would be given benefits under the Pension Payment Regulations, 1983 and would redress his grievance. The court directed the Government to take a decision in the matter as early as possible and at any rate within two months from the date of receipt of a copy of the judgment. The petitioner was given liberty to approach the court again if his grievances were not remedied at the hands of the Government and the Housing Board.