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SAJEEV K.S., v. UNION OF INDIA

Kerala High Court
Aug 4, 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943

WP(C) NO. 12797 OF 2021

PETITIONERS :-

1 SAJEEV K.S., AGED 60 YEARS

S/O.SANKARA PILLAI, SENIOR MANAGER (RETIRED),

THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD.,

UDYOGAMANDAL, RESIDING AT KALARICKAL HOUSE,

PERUVARAM EAST, NORTH PARAVUR P.O.,

ERNAKULAM-683 513.

2 PARAMESWARAN.P.K., AGED 62 YEARS

S/O.MANI IYER, DEPUTY MANAGER (RETIRED),

THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD.,

UDYOGAMANDAL, RESIDING AT 111 ADD, MISTY HILLS,

THENGODE P.O., ERNAKULAM-683 020.

BY ADVS.

C.S.AJITH PRAKASH

T.K.DEVARAJAN

FRANKLIN ARACKAL

PAUL C THOMAS

BABU M.

NIDHIN RAJ VETTIKKADAN

HAARIS MOOSA

NIKHITA ANN REBELLO

ADESH JOSHI

M.B.SOORI

RESPONDENTS :-

1 UNION OF INDIA,

REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,

MINISTRY OF FERTILIZERS AND CHEMICALS,

NEW DELHI-110 001.

2 DEPARTMENT OF PUBLIC ENTERPRISES,

MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES,

PUBLIC ENTERPRISES BHAVAN, BLOCK NO.14, CGO COMPLEX,

LOCHI ROAD, NEW DELHI-110 001,

REPRESENTED BY THE DIRECTOR.

1

-: 2 :-

3 DEPARTMENT OF FERTILIZERS,

MINISTRY OF FERTILIZERS AND CHEMICALS, SASTRY BHAVAN,

NEW DELHI-110 001, REPRESENTED BY THE SECRETARY.

4 THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD.,

UDYOGAMANDAL, (A GOVERNMENT OF INDIA ENTERPRISE),

UDYOGAMANDAL P.O., KOCHI-683 501,

REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR.

BY ADVS.

SRI.M.GOPIKRISHNAN NAMBIAR

SRI.K.JOHN MATHAI

SRI.JOSON MANAVALAN

SRI.KURYAN THOMAS

SRI.PAULOSE C. ABRAHAM

SRI.RAJA KANNAN

SRI.DAYA SINDHU SREEHARI, CGC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-: 3 :-

JUDGMENT

Dated this the 4 th day of August, 2021

This writ petition is filed seeking the following reliefs:-

"i. To call for the records leading to the issue of Exhibit P1 to P3 and direct the 4threspondent to formulate Post- Retirement Medical Benefit Scheme for the petitioners.

ii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the 3rdrespondent to ensure the formulation of a Post-Retirement Medical Benefit Scheme for the retired employees in line with Exts.P1 to P3 guidelines.

iii. To declare that the action of the 4threspondent in not formulating a Post-Retirement Medical Benefit Scheme to the retired employees of the 4threspondent is violative of the right to health under Article 21 of the Constitution.

iv. To declare that the petitioners are entitled to post- retirement medical benefit as envisaged in the Government Guidelines."

2. Heard the learned counsel for the petitioners and the learned standing counsel appearing for respondents 3 and 4 as well as the learned Central Government Counsel appearing for respondents 1 and 2.

3. It is submitted by the learned counsel for the petitioners that the petitioners have moved Exts.P6 and P7 representations before the General Manager of the 4threspondent.

-: 4 :-

Having heard the learned Standing Counsel also, there will be a direction to the competent authority in the 4threspondent to take up, consider and pass orders on the representations preferred by the petitioners. Appropriate orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

Jvt/16.8.2021