IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 5876 of 2011(H) ----------------------- PETITIONER(S): ------------------------ 1. OM PRAKASH, S/O.V.R.SOOLAPANI, K.K.HOUSE, KALLADI MUKHOM, MANACAUD P.O., THIRUVANANTHAPURAM-695009. 2. KSFE RETIRED PERSONNEL FORUM REPRESENTED BY ITS GENERAL SECRETARY GIRI JAYA, RAMESWARAM TEMPLE ROAD, PULIYARAKONAM P.O., THIRUVANANTHAPURAM- 695573. BY ADVS. SMT.SREEDEVI KYLASANATH SRI.V.SADASIVAN SMT.SHALEENA RAJAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE MANAGING DIRECTOR, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, MUSEUM ROAD, THRISSUR- 680 020. R1 BY GOVT. PLEADER SRI. SANDESH RAJA R2 BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 5876 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REGISTRATION CERTIFICATE WITH REGN. NO.T 1886/08 OF 2008. EXT.P2 : COPY OF G.O.(MS) NO. 113/09/LBR DATED 21.8.2009 BY WHICH KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD WAS GRANTED PENSION. EXT.P3 : COPY OF COMMUNICATION DATED 12.11.2009. EXT.P4 : COPY OF COMMUNICATION DATED 16.11.2009 RECEIVED UNDER RIGHT TO INFORMATION ACT. EXT.P5 : EXTRACT COPY OF THE RELEVANT PAGES OF THE BUDGET SPEECH 2010-11. EXT.P6 : RELEVANT EXTRACT COPY OF PARA 39 OF THE MEMORANDUM OF ASSOCIATION OF KSFE. EXT.P7 : COPY OF THE PRINT OUT OF THE RELEVANT WEB-PAGE IN THE WEBSITE OF 1ST RESPONDENT. EXT.P8 : COPY OF COMMUNICATION NO. 4155/R1A DATED 5-5-2009 GOT UNDER RTI ACT IN THE MATTER FROM 2ND RESPONDENT. EXT.P9 : RELEVANT EXTRACT COPY OF THE RESOLUTION IN THE KSFE BOARD MEETING HELD ON 6-7-1994. EXT.P10 : COPY OF THE KSFE PENSION REGULATION, 1994 DULY APPROVED BY THE BOARD LEADING TO EXT. P9 RESOLUTION. EXT.P11 : COPY OF THE MINUTES OF THE DISCUSSION HELD ON 17-8-1994. EXT.P12 : COPY OF THE COMMUNICATION NO. 4155/R1A DATED 12-1-2009 ISSUED UNDER R1 ACT. EXT.P13 : COPY OF THE NOTICE VIDE NO. 4372/P&HR DATED 20-1-2011 FOR DISCUSSION. (Contd...) WP(C).No. 5876 of 2011(H) EXT.P14 : RELEVANT EXTRACT COPY OF THE PRESENT BUDGET SPEECH 2011-2012. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 5876 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th day of June, 2011. J U D G M E N T Petitioners are employees of the Kerala State Financial Enterprises Ltd., a fully Government owned commercial undertaking. According to the petitioners, the KSFE is a very flourishing public sector undertaking, which can afford to pay pension to its employees. They submit that other similarly situated Government undertakings are paying pension to their employees and therefore, there is no reason why the KSFE should also not pay pension to its employees. The petitioners therefore seek the following reliefs: “1) Issue a writ of mandamus or other appropriate writ, order or direction to the respondents to pass orders sanctioning pension to the 1st petitioner and similarly placed persons represented by the 2nd petitioner the Association. Service pension as envisaged in KSFE Pension Regulation in 1994 with effect from 1980 by meeting the cost by the concern as per Ext. P10 and also in view of the assurance of the State Government in Ext. P11 budget speech for 2010-11; 2) To declare that the petitioners are entitled for pension in the light of Ext. P10 KSFE Pension Regulation, 1994. 3) Issue a writ of mandamus or other appropriate writ, order or direction to the respondents to give opportunity for filing option to the retired employees as on 1.1.1994 and to draw and disburse arrears due to the concerned from 1.7.1994 as envisaged in Ext. P10 Pension Regulation.” 2. I have heard the learned Government Pleader W.P(C) No. 5876 of 2011 -: 2 :- and the standing counsel for the 2nd respondent also. Sanctioning of pension to employees of a Government Company like the KSFE is a policy decision to be taken by the Government after consideration of all the facts and circumstances. I do not think that this Court would be justified in directing the Government to pay pension to the employees of the KSFE. In the above circumstances, I do not find any merit in this writ petition. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/