IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WA.No. 2616 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.32362/2009 Dated 12/11/2009 .................... APPELLANT(S): PETITIONER ------------------------ B. BABU RAJENDRAN, ASHOK BHAVAN (VRA 60) NEAR DISTRICT HOSPITAL, KOLLAM. BY ADVS. SRI.P.J.MATHEW SRI.S.SUDHEESHKAR SRI. K.SIJU SRI.PRATHEESH.P RESPONDENT(S): RESPONDENTS -------------------------- 1. KERALA FINANCIAL COPRORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM - 33. REPRESENTED BY ITS MANAGING DIRECTOR. 2. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY (FINANCE), SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1 GOVT. PLEADER SRI. ARAVIND KUMAR BABU T.K. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2616 OF 2009 --------------------------------------------- Dated this the 19th day of November, 2009 JUDGMENT Kurian Joseph, J. The appellant is the writ petitioner. The Writ Petition was filed with the following prayers: i. Issue a writ of mandamus or other writ, order or direction directing the 1st respondent to sanction and disburse full pay revision arrears as per Exhibit P1 and P2 to the petitioner. ii. Issue a writ of mandamus or other writ, order or direction directing the 1st respondent to consider and dispose Ext.P4 representation within a time limit fixed by this Hon'ble Court as it deem fit and proper in the facts and circumstances of the case. 2. The learned Single Judge dismissed the Writ Petition. According to the petitioner, a settlement of which he is a beneficiary cannot be unilaterally altered to his detriment. The learned Single Judge, however, repelled the contention stating that even the settlement which has enured to the benefit of the petitioner was entered into only after his retirement and the management was entitled to vary the terms of the settlement in W.A. NO. 2616/2009 2 accordance with law The appellant/petitioner submits that in case the matter is considered by the first respondent, the petitioner need not be unnecessarily relegated to pursue the remedies under the Industrial Disputes Act, 1947. 3. After having heard the learned counsel for the appellant and the learned Standing Counsel for the Kerala Financial Corporation, we find some justification for the above submission. Accordingly, we set aside the judgment of the learned Single Judge and direct the first respondent to consider Ext.P4 representation submitted by the appellant/petitioner and take appropriate action thereon within a period of three months from the date of receipt of a copy of this judgment, with notice to the appellant/petitioner. The Writ Appeal is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2616/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A. NO.2616/2009 JUDGMENT 19th November, 2009 W.A. NO. 2616/2009 4