IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 33022 of 2005(F) -------------------------- PETITIONER(S): --------------- K.N.THANKACHAN, S/O.NEELAKANDAN, "KRISHNA", VARTHA NAGAR, KANJIKUZHY, MUTTAMBALAM P.O., KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, PUBLIC RELATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT INFORMATION OFFICER, KOTTAYAM. GOVERNMENT PLEADER SHRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 33022/2005 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE GOVT. ORDER DTD.16.8.93. P2. -DO- DTD.5.1.94. P3. COPY OF THE REMINDER. P4. COPY OF THE ORDER DTD.29.1.96 OF R2. P5. COPY OF THE LETTER DTD.15.3.96. P6. COPY OF THE LETTER DTD.23.5.96 BY R1. P7. COPY OF THE ORDER DTD.24.3.98 OF R2. P8. COPY OF THE ORDER DTD.5.5.98 OF R1. P9. COPY OF THE APPLICATION DTD.15.5.98. P10. COPY OF THE LETTER DTD.22.12.98 BY R2. P11. COPY OF THE COMMUNICATION DTD.3.2.99 BY R1. P12. COPY OF THE ORDER DTD.2.3.2000 BY R1. P13. COPY OF THE CERTIFICATE. P14. COPY OF THE APPLICATION DTD.5.1.2001. P15. COPY OF THE PETITION DTD.15.10.2004 TO THE CHIEF MINISTER. P16. COPY OF THE RELEVANT PORTION OF ORDER OF R2 DTD.22.10.2001. P17. COPY OF THE ORDER DTD.22.7.06. P18. COPY OF THE NOTICE DTD.25.9.06. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 33022 of 2005 ================== Dated this the 14th day of June, 2010 J U D G M E N T The petitioner is a former journalist. He applied for pension under Ext.P1 Kerala State Journalists' Pension Scheme, 1993. That was rejected by Ext.P12 on the ground that the petitioner's employment with Mangalam daily for the period from 1.4.1990 to 1.3.1995 was on contract basis. The petitioner challenges Ext.P12. According to the petitioner, the finding in Ext.P12 is wrong, in view of Ext.P13 certificate issued by the Mangalam Daily, his employer, wherein they have stated that the petitioner has worked as a Sub Editor in Mangalam daily from 1.4.1990 to 1.3.1995. The petitioner, therefore, seeks the following reliefs: “(i) Call for the records leading upto Ext.P16 and to issue a writ in the nature of certiorari or any other appropriate writ, direction or other quashing Exts.P8 and P12. (ii) Declare that the petitioner is eligible for membership and consequential pensionary benefits under Ext.P1 scheme from the date of his application namely, 10.2.1004 (sic). (iii) Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the respondents to sanction the entire pensionary benefits in terms of Ext.P1 scheme from 10.2.1994 together with interest for the delayed payment. (iv) Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the respondents to pass orders on Exts.P9, P14 applications submitted by the petitioner under the provisions of the scheme for Financial Assistance from the Kerala State Welfare Fund for working Journalists in distress and sanction the same from the date of application namely, 15.5.1998 and also interest for the said amount for the period of delay. (v) Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order commanding the respondents to actually disburse the benefits due to the petitioner under the provisions of the scheme for Finance Assistance from the Kerala State Welfare 2 Fund for working journalists in distress from the date of application namely, 15.5.1998 till the date of disbursal.” 2. A counter affidavit has been filed, in which, some new grounds have been added in addition to what is stated in Ext.P12. The new ground is that the petitioner retired from the Express daily in 1990 at the age of 60 and thereafter, he had been in Mangalam daily as a Sub Editor. It is also stated in the counter affidavit that although the outer age limit was amended as 65 years, the service after 60 should have been in the same establishment. They would submit that since the petitioner's service after 60 years was in another establishment, he is not eligible for pension under Ext.P1 scheme. They would also submit that the Government is hard pressed for enough funds for paying pension to journalists. 3. I have considered the rival contentions in detail. 4. As per Ext.P1 scheme, the qualifications for eligibility for pension are as follows. The applicant for pension should have been in service as on 1.4.1993. He should have been in service for a minimum period of 10 years either continuously or intermittently. It is also stated in Ext.P1 that an applicant will be entitled to pension on his completing 60 years or on his completing 40 years of service after becoming a member of the scheme. Admittedly, that clause has been amended raising the age limit to 65 years. The District Information Officer of Kottayam has 3 issued Ext.P7 to the 1st respondent, wherein the details of the petitioner's service as a journalist in various newspapers have been specifically certified, which shows that the petitioner has worked as a journalist from 1958 to 1995. From the same, it is also clear that the petitioner has been in continuous service from 1984 to 1995 in Express daily and Mangalam daily. Ext.P13 certificate issued by the Mangalam daily shows that he was a regular employee of Mangalam daily as a Sub Editor for the period from 1.4.1990 to 1.3.1995. That being so, I do not find any merit whatsoever in any of the contentions of the respondents to deny pension to the petitioner under Ext.P1 scheme. He has all the eligibility conditions prescribed in Ext.P1. Accordingly, Ext.P12 order denying the petitioner pension is quashed. The respondents are directed to give pension to the petitioner under Ext.P1 scheme with effect from date of application submitted by him. Arrears shall be paid within two months from the date of receipt of a certified copy of this judgment. From the arrears, the amounts already paid to the petitioner under the Kerala State Welfare Fund for Working Journalists in Distress as per the interim order of this Court shall be deducted. The writ petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 4