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V.I.Krishnan Thamban v. the Director of Urban Affairs

Kerala HC15 Dec 2008WP(C)/17336/2008

Case brief

AI extract

What is this about?

The Court disposed of the writ petition by directing the Secretary, Kozhikode Corporation to pay the petitioner's terminal benefits fixed by the Director of Urban Affairs. The amount must be adjusted for the petitioner's repayable advances, paid in two installments, with imposed interest on default.

What did the court decide?

Direction to the Secretary, Kozhikode Corporation to pay terminal benefits in two installments after adjusting Rs. 53,104/-, with 7.5% interest on default.

V.I.Krishnan Thamban Vs the Director of Urban… — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930

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WP(C).No. 17336 of 2008(L)

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----------------------------------------

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PETITIONER(S):

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------------------------

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V.I.KRISHNAN THAMBAN, S/O.BHAVASHARMA NAMBOOTHIRI, AGED 56 YEARS, "ANUGRAH", ARAKKINAR.P.O, KOZHIKODE.

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BY ADV. SRI.T.G.RAJENDRAN

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RESPONDENT(S):

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----------------------------

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1. THE DIRECTOR OF URBAN AFFAIRS, TRIVANDRUM.

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2. THE SECRETARY, KOZHIKODE CORPORATION, KOZHIKODE.

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3. THE SECRETARY, VADAKARA MUNICIPALITY, VADAKARA, KOZHIKODE.

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GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R1 ADV.SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R2 SRI.P.V.KUNHIKRISHNAN,SC,KOZHIKODE CORP FOR R2 SRI.R.SATHISH KUMAR, SC FOR R3

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.17336/2008 L

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD. 15/11/07.

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EXT.P2: COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DTD. 28/11/07.

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RESPONDENT'S EXHIBITS:

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EXT.R2(A): COPY OF LETTER DTD. 11/09/2007 OF THE DIRECTOR OF URBAN AFFAIRS. EXT.R3(A): COPY OF THE COVERING LETTER DTD. 21/08/2008 SENT BY THE 3RD RESPONDENT TO 1ST RESPONDENT.

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ANNEXURE (A): COPY OF PROCEEDINGS NO.P1/1561/07 D. 06/09/2008.

/TRUE COPY/

P.A.TO JUDGE

Kss

P.N.RAVINDRAN, J.

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====================================== W.P.(C)No.17336 of 2008

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====================================== Dated this the 15^th day of December 2008

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JUDGMENT

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Heard both sides. The statement filed by the first respondent discloses that the Director of Urban Affairs has by Annexure (a) order passed on 6.9.2008 fixed the terminal benefits payable to the petitioner and directed the Secretary, Kozhikode Corporation to pay the sum and to adjust the amount thus paid towards the contribution payable by the Kozhikode Corporation to the Central Pension Fund. The order passed by the Director of Urban Affairs discloses that the petitioner has to repay the sum of Rs.53,104/- towards the various advances availed by him.

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In the light of the order passed by the Director of Urban Affairs, I dispose of this Writ Petition with a direction to the Secretary, Kozhikode Corporation to comply with Annexure (a) order and to disburse to the petitioner the terminal benefits fixed therein after adjusting the sum of Rs.53,104/- from the Death cum Retirement Gratuity. Payment as directed above shall be made in two instalments. The first instalment of Rs.1 lakh shall be made on or before 31.12.2008 and the balance on or before 31.1.2009. If payment as directed above is not made, the Kozhikode Corporation shall liable to pay interest on the defaulted amount at

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W.P.(C)No.17336 of 2008 2

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the rate of 7.5% per annum from the date of default till date of actual payment.

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P.N.RAVINDRAN, JUDGE

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V.I.Krishnan Thamban v. the Director of Urban Affairs

Case brief

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V.I.Krishnan Thamban v. the Director of Urban Affairs

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