IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 6834 of 2009(Y) ------------------------- PETITIONER(S): --------------- 1. USHA.U.R, AGED 41, W/O. SELVAN, BADGE NO. 11089, AYAH CUM SWEEPER, UDYOGAMANDAL SCHOOL, ELOOR, RESIDING AT OD 27, FACT TOWNSHIP, UDYOGAMANDAL, ELOOR. 2. OMANA.T.A, AGED 42 YEARS, W/O. GEORGE, T. NO. 18775, TYPIST CUM CLERK, QUARTER NO.D-165, FACT UDYOGAMANDAL, ELOOR. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): 1 ---------------- 1. THE FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, UDYOGAMANDAL, ELOOR. 2. THE COMPANY SECRETARY AND DEPUTY GENERAL MANAGER (A), FACT, UDYOGAMANDAL, ERNAKULAM. 3. DEPUTY CHIEF ENGINEER (ESTATE), FACT, UDYOGAMANDAL. ADV. SRI.E.K.NANDAKUMAR FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 6834 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd day of November, 2010. J U D G M E N T Petitioners were regular employees of a school run by the 1st respondent-Company. They opted for voluntary retirement as per a Voluntary Retirement Scheme formulated by the 1st respondent- Company. Later on, they requested for re-employment in the Company. They approached this Court by filing a writ petition. This Court directed the 1st respondent to chalk out a scheme by which the petitioners can be accommodated in the Company as and when vacancies arise in any section of the Company. Subsequently, the petitioners were appointed as CLR workers for cleaning on daily wage basis. They were also permitted to occupy the quarters of the 1st respondent-Company. Now they are aggrieved by the demand for arrears of enhanced rent. They challenge the demand for enhanced rent, seeking the following relief: “Issue a writ of certiorari or any other appropriate writ or order quashing exhibit P3 and P4 as illegal, incorrect and without jurisdiction.” 2. The respondents oppose the prayer. According to them, since the quarters are not intended for casual workers and are intended for regular workers, the petitioners are liable to pay rent as fixed by the Company. After arguing for some time, learned counsel for the petitioners seeks facility to pay the arrears in instalments. 3. Having heard both sides, I am of opinion that the petitioner can be permitted to pay the arrears of rent demanded in instalments. Accordingly, the writ petition is disposed of with the following directions: The 1st respondent shall inform the petitioners as to the total amount of arrears of rent payable by the petitioners within two weeks W.P.C. No. 6834/2009 -: 2 :- from today. The petitioners shall pay the arrears in 15 equal monthly instalments starting from 1.1.2011. Every subsequent instalment would be paid on the first working day of every succeeding month. The same shall be paid along with the regular rent for each month. If the petitioners pay the instalments on the due dates without default, the respondents shall not initiate any coercive proceedings against the petitioners. However, if they commit default in payment of the instalment arrears or the regular rent, it would be open to the respondents to take appropriate steps against the petitioners in accordance with law. Sd/- S. Siri Jagan, Judge. Tds/