Disposed

T.C.Mathew v. State of Kerala

Kerala HC18 Jun 2008WP(C)/19263/2007

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition where a retired principal sought revision of pension. The court directed the relevant respondents to expedite the disposal of pending pension applications and representations within three months and ensure the petitioner is heard.

What did the court decide?

Directed respondents to dispose of pending pension applications and representations within three months and ensure benefit disbursement.

T.C.Mathew Vs State of Kerala — 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 K.T.SANKARAN

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WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930

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WP(C).No. 19263 of 2007(R)

PETITIONER:

T.C.MATHEW, S/O CHACKO,

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THAIPARAMBIL, KAITHARAM, VEROOR P.O., VADAKKEKARA, CHANGANASSERY(RETIRED PRINCIPAL, S.B.HIGHER SECONDARY SCHOOL, CHANGANASSERY).

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BY ADV. SRI.S.SUBHASH CHAND

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RESPONDENTS:

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STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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THE PRINCIPAL SECRETARY(FINANCE), PENSION B DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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THE ACCOUNTANT GENERAL(A&E) KERALA, OFFICE OF THE ACCOUNTANT GENERAL(A&E)KERALA, THIRUVANANTHAPURAM.

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THE SUB TREASURY OFFICER, OFFICE OF THE SUB TREASURY OFFICER, CHANGANASSERY.

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BY GOVERNMENT PLEADER SHRI MOHAMMED FAZIL M.P.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 TRUE COPY OF THE PENSION PAYMENT ORDER DATED 3.7.2000 PART I

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EXT.P2 -DO- -DO- PART II

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EXT.P3 TRUE COPY OF THE GO(P) NO.180/06/Fin DATED 18.4.2006

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EXT.P4 TRUE COPY OF THE GO(P) NO.253/06/Fin DATED 8.6.2006

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EXT.P5 TRUE COPY OF THE GO(P) NO.359/06/Fin DATED 1.9.2006

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EXT.P6 TRUE COPY OF THE APPLICATION IN APPENDIX 6 DATED 1/3/2007 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.4

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EXT.P7 TRUE COPY OF THE GO(Rt) NO.5012/94/G.Edn DATED 16.12.1994

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EXT.P8 TRUE COPY OF THE GO(Rt) NO.535/04/G.Edn DATED 31.1.2004

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EXT.P9 TRUE COPY OF THE JUDGMENT DATED 20.9.2001 IN OP NO.14224/96 PASSED BY THIS COURT

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EXT.P10 TRUE COPY OF THE JUDGMENT DATED 29.1.2003 IN OP NO.3186/2003 PASSED BY THIS COURT

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EXT.P11 TRUE COPY OF THE JUDGMENT DATED 6.3.2003 IN OP No.15733/1999 PASSED BY THIS COURT

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EXT.P12 TRUE COPY OF THE REPRESENTATION DATED 24.12.2006 (EXCLUDING THE ANNEXURES) SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 TO 4

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EXT.P13 TRUE OPY OF THE COMMUNICATION DATED 21.4.2007 ISSUED BY RESPONDENT NO.2 TO THE PETITIONER

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EXT.P14 TRUE COPY OF THE REMINDER PETITION SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NOS.1 AND 4 DATED 5.5.2007

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//TRUE COPY//

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K.T. SANKARAN,J..

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W.P.(C) No.19263 of 2007 R -------------------------------------Dated this the 18^th day of June, 2008.

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J U D G M E N T

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The petitioner retired from service as Principal of S.B.Higher Secondary School, Changanassery on 31.3.2000. As per Ext.P3 Government Order dated 18.4.2006, the pension was revised. The pension in respect of those who retired from service prior to 1.7.2004 shall be revised with effect from 1.4.2005 in accordance with the principles laid down in Ext.P3 Government Order dated 18.4.2006. The petitioner submitted Ext.P6 application dated 1.3.2007 for revision of pension. Ext.P6 application is pending disposal. The petitioner has also submitted Ext.P12 representation dated 24.12.2006 to the Secretary to Government, the Principal Secretary (Finance), Accountant General (A&E) Kerala, and the Sub Treasury Officer. The prayers made in Ext.P12 representation are the following:-

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“A. Kindly revise the monthly pension legally due to the petitioner as per the above Government Orders as he has retired prior to 1/7/2004 and disburse the entire amount legally due to him alongwith arrears;

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WP(C) No.19263/2007

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B. Consider the case of the petitioner for counting the period of leave without allowance availed by him for employment abroad from 14/11/1975 to 13/11/1985 in terms of note to Rule 10 Appendix XIIA Part I KSR in the light of Annexure 4 and 5 Government orders and Annexures 6 to 8 judgments and also in view of the ruling of the Hon'ble High Court of Kerala in KSRTC Vs. Noorudeenkutty (2005 (3) KLT 504) (DB); and

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C. Kindly accept Annexure 3 (Appendix 6 form) and do the needful for revising the monthly pension finally and disburse the amount due alongwith arrears at the earliest.”

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Ext.P12 representation is also not disposed of.

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Though several reliefs are prayed for in the Writ Petition, the learned counsel for the petitioner submits that for the time being, the petitioner would be satisfied with a direction to dispose of Exts.P6 and P12 expeditiously, with liberty to pursue other remedies, if found necessary, later. The learned Government Pleader submits that Ext.P6 application will be

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WP(C) No.19263/2007

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disposed of by the third respondent and Ext.P12 representation will be disposed of by the first respondent as expeditiously as possible and at any rate within a period of three months.

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Accordingly, the Writ Petition is disposed of directing the first respondent to dispose of Ext.P12 representation as expeditiously as possible and at any rate within a period of three months. The third respondent shall dispose of Ext.P6 application within a period of three months and disburse the benefit in accordance with Ext.P3 Government Order dated 18.4.2006. The first respondent shall afford an opportunity of being heard to the petitioner in the matter of disposal of Ext.P12 representation. The petitioner shall produce a copy of the Writ Petition before the first respondent for the effective disposal of Ext.P12 representation.

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K.T. SANKARAN, JUDGE.

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cks

T.C.Mathew v. State of Kerala

Case brief

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T.C.Mathew v. State of Kerala

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