Disposed

Devasia K.C. v. State of Kerala and Others

Kerala HC17 Feb 2009WP(C)/30508/2008

Case brief

AI extract

What is this about?

High Court directed the Principal Secretary to consider the retired petitioner's representation for withheld terminal benefits, requiring him to afford the petitioner an opportunity of being heard before passing orders.

What did the court decide?

Direction to the Principal Secretary to consider the petitioner's representation and pass orders after affording him an opportunity of being heard within two months.

Devasia K.C. Vs State of Kerala and Others — Education and Admissions | 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 P.N.RAVINDRAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 30508 of 2008(F) --------------------------

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PETITIONER:

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DEVASIA.K.C., AGED 56 YEARS, S/O.CHACKO, KARIKUNNEL HOUSE, P.O.PADIYOTTUCHAL 670307, KANNUR DISTRICT (RETIRED PRINCIPAL, IJMHSS KOTTIYOOR, P.O.KOTTIYOOR, KANNUR DISTRICT).

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BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM SEI.M.VARGHESE VARGHESE

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RESPONDENTS:

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

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THE DIRECTOR, HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM.

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THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE.

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

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BY GOVT. PLEADER SMT.T.B.REMANI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 30508 of 2008(F)

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: 2 :

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 : TRUE COPY OF THE VERIFICATION REPORT ADMITTING THE7th CLAIM ISSUED BY THE 4TH RESPONDENT.

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EXHIBIT P2 : TRUE COPY OF THE ORDER NO.A4/3294/07 DATED 27.6.2007 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P3 : TRUE COPY OF THE LETTER NO.A3/4850/08 DATED 4.8.2008

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//TRUE COPY//

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PA TO JUDGE

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P.N.RAVINDRAN, J.

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W.P(C) No.30508 of 2008-F

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Dated this the 17^th February, 2009.

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J U D G M E N T

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Heard Mr.P.P.Abdul Kareem, the learned counsel appearing for the petitioner and Smt.T.B.Remani, learned Government Pleader appearing for the respondents. The petitioner is a pensioner. While he was working as Principal of an Aided Higher Secondary School, he retired from service on 30.4.2008. After his retirement his terminal benefits were granted as per Exhibit P1. The petitioner submits that the DCRG, surrender value of earned leave and DA arrears have been withheld by the 3^rd respondent. The petitioner submits that a similar issue was considered by the Government as per Exhibit P4 letter dated 25.11.2008 and in view of the said clarification, the respondents are not justified in delaying payment of DCRG, surrender value of earned leave and DA arrears. The petitioner further submits that complaining about the delay in payment of these benefits, he has filed Exhibit P5 representation before the Principal Secretary to Government.

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When the petition came up for hearing today, the learned counsel for the petitioner submitted that leaving open the contentions raised by the petitioner, the Government may be directed to consider Exhibit P5 representation and pass orders thereon in the light of

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W.P(C) No.30508 of 2008-F

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Exhibit P4 letter sent by the Principal Secretary (Finance) to the Regional Deputy Director after affording the petitioner an opportunity of being heard. Since the payment of DCRG, surrender value of earned leave and arrears of DA have been withheld for want of clarification from the Government and as the Government have already issued the clarification in Exhibit P4, it is only appropriate that the request made in Exhibit P5 is considered in the light of Exhibit P4.

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Accordingly, I dispose of this Writ Petition with a direction to the Principal Secretary to Government to consider Exhibit P5 representation and pass orders thereon having regard to the clarification already issued by the Government in Exhibit P4. The petitioner shall also be afforded an opportunity of being heard before final orders are passed on Exhibit P5. This shall be done within two months from the date on which the petitioner produces a certified copy of this judgment before the Principal Secretary to Government.

P.N.RAVINDRAN

JUDGE

//True Copy//

PA to Judge

Devasia K.C. v. State of Kerala and Others

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Devasia K.C. v. State of Kerala and Others

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