Allowed

T.M.Vijayan v. Director of Health Services & Others

Kerala HC12 Nov 2009WP(C)/20316/2009

Case brief

AI extract

What is this about?

Petitioner, a retired store superintendent, filed a writ petition seeking payment of deferred gratuity and full pension which were not disbursed due to an incomplete audit. The court directed the first respondent to accept the petitioner's undertaking and expedite the payment.

What did the court decide?

The first respondent is directed to accept the petitioner's undertaking and disburse the DCRG and full pension within six weeks.

T.M.Vijayan Vs Director of Health Services… — Pension and Retirement Benefits | Kerala HC (2009)

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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 ANTONY DOMINIC

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THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931

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WP(C).No. 20316 of 2009(H)

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PETITIONER(S): ---------------

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T.M.VIJAYAN, (FORMERLY STORE SUPERINTENDENT), THAITHARA, KATTIKUNNU, CHEMPU P.O., KOTTAYAM DISTRICT.

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BY ADV. SRI.VIJAYAN. K.U. SRI.K.N.SREEKUMARAN

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RESPONDENT(S):

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DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM.

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SUPERINTENDENT, GOVERNMENT MAHARAJA'S HOSPITAL, KARUVELIPADY, KOCHI.

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DISTRICT MEDICAL OFFICER, ERNAKULAM.

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ACCOUNTANT GENERAL, THIRUVANANTHAPURAM.

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By Govt. pleader sri. P. Nandakumar

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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Ext.P1. True copy of the Gratuity payment order dated 3.2.2007 by 4thr respondent.

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Ext.P2. True copy of the representation dated 2.7.2007 made by the petitioner before the Ist respondent.

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Ext.P3. True copy of the representation dated 4.10.2007 by the petitioner before the 2^nd respondent along with the undertaking.

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Ext.P4. True copy of the request submitted by the petitioner before the 2^nd respondent on 22.1.2008.

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Ext.P5. True copy of the letter dated 11.3.2008 from the 3^rd respondent to the Ist respondent \

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Ext.P6. True copy of the letter dtd.1.10.2008 by the petitioner before the Ist respondent.

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Ext.P7. True copy of the request submitted by the petitioner before the Ist respondent on 11.12.2008.

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Ext.P8. True copy of notification G.O(P) 185/2002/Find dated 27.3.2002.

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Ext.P9. True copy of the Circular No.31/85/Find dated 10.4.1985.

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// true copy //

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P.A to Judge.

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ANTONY DOMINIC, J.

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W.P.(C) NO.20316 OF 2009 (H)

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Dated this the 12^th day of November, 2009

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J U D G M E N T

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Petitioner retired on 30.4.2007 as Store Superintendent. His grievance is that the DCRG has not been disbursed so far. It is stated that despite furnishing Ext.P3 undertaking to the first respondent there has not been any improvement in the situation. It is therefore that the writ petition is filed.

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Government Pleader on instructions submits that the NLC has not been issued for non-completion of audit. More than two years have expired since the retirement of the petitioner. Even now the audit is remaining incomplete. In the circumstances, I do not think that there is any justification for the continued nonpayment of the DCRG due to the petitioner. Therefore it is only appropriate that the first respondent should accept Ext.P3 undertaking furnished by the petitioner and on that basis disburse the DCRG and full pension to the petitioner.

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Petitioner may produce a copy of the judgment before the first respondent who shall comply with this direction as expeditiously as possible and at any rate within six weeks from the date of production of a copy of the judgment.

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(ANTONY DOMINIC) JUDGE

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:2 :

T.M.Vijayan v. Director of Health Services & Others

Case brief

What is this about?

What did the court decide?

T.M.Vijayan v. Director of Health Services & Others

Case brief

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What did the court decide?

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