Retired petitioner challenged withholding of terminal benefits. Court directed Board to release the major withheld sum within two weeks and consider audit objections separately. Claim for interest left open.
Respondent Board directed to disburse Rs.4,46,233/- within two weeks and consider objection regarding remaining Rs.3,093/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932
WP(C).No. 10081 of 2010(I)
PETITIONER(S):
M.K.DIVAKARAN, RETD.ASST.ENGINEER, KSHB, RESIDING AT IRATTAPLAMOOTTIL, VENGOOR, KIDANGOOR P.O., ANGAMALY, ERNAKULAM DISTRICT.
BY ADV. SRI.B.MANIMOHAN
RESPONDENT(S):
ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 &2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.10081/2010
APPENDIX
PETITIONER'S EXHIBITS
P1 : COPY OF ORDER DATED 10/11/2009 OF THIS HONOURABLE HIGH COURT IN WRIT PETITION NO.25842/09.
P6 : COPY OF ANNEXURE ATTACHED TO THE LOAN APPLICATION OF SMT.THANKAMMA P.NAIR.
P8 : COPY OF PHOTO OF THE COMPLETED HOUSE IN RESPECT OF LOAN NO.KBIH 5/93 HIB 90 OF SRI.P.C.MATHEW AS ON 5/2/2010.
P9 : COPY OF PHOTO OF THE COMPLETED HOUSE IN RESPECT OF LOAN NO.KIIIR 22 SMT.THANKAMMA P.NAIR DATED 5/2/2010.
//TRUE COPY//
PA TO JUDGE.
jg
ANTONY DOMINIC, J.
W.P.(C.) No.10081 of 2010 (I)
Dated, this the 6th day of July, 2010
J U D G M E N T
Petitioner retired from the services of the 1st respondent Board as Assistant Engineer. In this writ petition what he complains of is regarding Ext.P2 decision withholding a total sum of Rs.4,49,326/from out of the terminal benefits that are due to him. It is seen that against Ext.P2, the petitioner had filed Ext.P3 raising his objection in the matter.
withheld is on account of the audit objection and that the justifiability of the same will be considered by the Board in the light of the objections raised by the petitioner in Ext.P3 representation.
WP(C) No.10081/2010
-2-
Having regard to the submissions thus made, the writ petition is disposed of as follows:-
(2) The 1st respondent shall consider the objection raised by the petitioner in Ext.P3 against the withholding of Rs.3,093/- and a final decision in the matter shall be taken as expeditiously as possible.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg
1 issue framed by the court
Whether the respondent Board should disburse the specific withheld amount due to the petitioner.
M.K.Divakaran
Kerala State Housing Board
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
