Allowed

Ajitha Shaji v. Union of India

Kerala HC8 Jul 2010WP(C)/12110/2010

Case brief

AI extract

What is this about?

The High Court at Ernakulam held that an order by the Kerala Lok Ayukta directing the withholding of death-cum-gratuity (DCRG) did not prevent the respondent from disbursing admitted medical reimbursement claims incurred by the deceased pensioner. The writ petition was allowed.

What did the court decide?

Directing the respondents to disburse the medical reimbursement claim of Rs.2,65,674/- within six weeks of producing a copy of the judgment.

Ajitha Shaji Vs Union of India — Corruption | Kerala HC (2010)

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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 THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932

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WP(C).No. 12110 of 2010(K)

PETITIONER(S):

AJITHA SHAJI, W/O.LATE K.R.SHAJI, PONNETH HOUSE, VENNALA P.O., COCHIN-28.

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BY ADV. SRI.ELVIN PETER P.J.

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RESPONDENT(S):

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UNION OF INDIA-REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF INFORMATION & BROADCASTING, NEW DELHI.

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THE DIRECTOR GENERAL, PRASAR BHARATHI (BROADCASTING CORPORATION OF INDIA), DOORDARSHAN BHAVAN, COPERNICUS MARG, NEW DELHI-1.

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THE ASSISTANT STATION ENGINEER (DRAWING & DISBURSING OFFICER) PRASAR BHARATHI (BROADCASTING CORPORATION OF INDIA), CEPZ (P.O.), KOCHI-682 037.

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ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-3

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12110 of 2010

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APPENDIX

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EXHIBITS

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EXT.P1TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND

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EXT.P2TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY AMRITA INSTITUTE OF MEDICAL SCIENCES

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EXT.P3TRUE COPY OF THE COMPLAINT NO.1598/09 FILED BY SRI.JOHN CLIMAX BEFORE THE HONOURABLE KERALA LOK AYUKTA

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EXT.R3(A)A PHOTOSTAT COPY OF THE INTERIM ORDER DATED 5.1.10 IN I.A.700 OF 2009 IN COMPLAINT NO.1598 OF 2009 PASSED BY THE UPA LOK AYUKTA

(TRUE COPY)

P.A TO JUDGE

ANTONY DOMINIC, J

W.P.(C).12110/2010

Dated this the 8^th day of July, 2010

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JUDGMENT

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Petitioner's husband was a Senior Technician under respondents 1 and 2. Due to various ailments, he expired on 5.11.2009 and Ext.P1 is the death certificate. Petitioner submitted medical bills for claiming reimbursement of a total sum of Rs.2,65,674/- incurred for the treatment of the deceased. Though the fact that medical claims for the aforesaid amount has been received and that the same has been allowed is admitted by the 3^rd respondent in paragraph 5 of the counter affidavit, the justification for the non disbursement of the said amount is stated to be Ext.R3(A) order passed by the Kerala Lok Ayukta.

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According to the petitioner, Ext.R3(A) order was passed in Complaint No.1598/09 which was filed by one of the sureties of a loan availed of by the deceased, when recovery proceedings were initiated against him. However Ext.R3(A) shows that the Lok Ayukta only directed the respondents not to disburse the

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W.P.(C).12110/10

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DCRG amount due to the deceased husband of the petitioner. Petitioner asserts that the DCRG withheld is much more than the liability that is covered by the complaint in which Ext.R3(A) has been passed.

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Even otherwise, what is interdicted by Ext.R3(A) order is only the disbursement of DCRG, and therefore, that order could not have stood in the way of the respondents in disbursing the amount due under the medical reimbursement claim submitted by the petitioner.

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Therefore I dispose of this writ petition directing that the respondents shall disburse the medical reimbursement claim of Rs.2,65,674/- claimed by the petitioner and sanction for payment. This shall be done as expeditiously as possible at any rate within six weeks of production of a copy of this judgment.

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ANTONY DOMINIC, Judge

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mrcs

Ajitha Shaji v. Union of India

Case brief

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Ajitha Shaji v. Union of India

Case brief

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