The petitioner, a retired forester, challenged non-disbursement of gratuity and family benefit dues. The Court directed respondents to disburse dues after deducting Rs.1,400 liability fixed by order dated 2.12.2008.
Directions to disburse amounts due towards DCRG and family benefits after deducting Rs.1,400/- within 3 weeks.
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
THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932
WP(C).No. 5632 of 2010(D)
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PETITIONER(S):
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THOMAS P.C., PANTHIRUVELIL HOUSE, ARUVITHURA, KOTTAYAM.
BY ADV. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY
RESPONDENT(S):
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1. THE CONSERVATOR OF FORESTS, EASTERN FOREST CIRCLE, OLAVAKODE, PALAKKAD.
2. THE DIVISIONAL FOREST OFFICER, PALAKKAD.
3. THE DIVISIONAL FOREST OFFICER, MANNARKAD, PALAKKAD.
4. THE ACCOUNTANT GENERAL OF KERALA, THIRUVANANTHAPURAM.
5. THE SUB TREASURY OFFICER, ERATTUPETTA, KOTTAYAM.
GOVT.PLEADER SRI.ANTONY MUKATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: TRUE COPY OF GRATUITY PAYMENT ORDR DT 3.10.2007 ISSUED BY THE 4TH RESPONDENT.
EXT.P2: TRUE COPY OF NOTICE DT 9.2.2007 FROM THE 2ND RESPONDENT TO THE PETITIONER.
EXT.P3: TRUE COPY OF REPLY DT 21.5.2007 FROM THE PETITIONER TO THE 2ND RESPONDENT.
EXT.P4: TRUE COPY OF REPRESENTATION DT 18.12.2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P5: TRUE COPY OF REPRESENTATION DT 5.10.2009 SUBMITTED BY THE PETITIONER BEFORE THE PRL.CHIEF CONSERVATOR OF FORESTS.
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//TRUE COPY//
PS TO JUDGE
ANTONY DOMINIC, J.
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W.P.(C) NO.5632 OF 2010 (D)
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Dated this the 17th day of June, 2010
J U D G M E N T
Petitioner retired from service on 31.7.2007 as Forester. Non disbursement of DCRG and dues under the family benefit scheme is what is complained of.
Accordingly, the writ petition is disposed of directing the respondents to disburse the amounts due to the petitioner towards
his DCRG and dues under the family benefits scheme, after deducting Rs.1400/- being the liability fixed. This shall be done as
WPC.No.5632 /2010
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expeditiously as possible and at any rate within 3 weeks from the date of production of a copy of the judgment.
(ANTONY DOMINIC) JUDGE
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1 issue framed by the court
Whether the entire gratuity amount due to a retired forester should be withheld pending pending O.R.s when liability is partially fixed.
THOMAS P.C.
THE CONSERVATOR OF FORESTS, EASTERN FOREST CIRCLE
THE DIVISIONAL FOREST OFFICER, PALAKKAD
THE DIVISIONAL FOREST OFFICER, MANNARKAD, PALAKKAD
THE ACCOUNTANT GENERAL OF KERALA, THIRUVANANTHAPURAM
THE SUB TREASURY OFFICER, ERATTUPETTA, KOTTAYAM
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
