Petitioner sought release of pension arrears of deceased husband. Court permitted withdrawal of writ petition with liberty to approach Central Administrative Tribunal as appropriate forum.
Writ petition dismissed as not pressed; liberty granted to approach Central Administrative Tribunal, Ernakulam.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932
WP(C).No. 8545 of 2010(P)
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PETITIONER(S):
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DR.P.LATHEEFA BEEBI, AGED 82 YEARS, W/O.LATE K.B.ABDUL HAMEED, 43/1750 B, POTTAKUZHI ROAD, PACHALAM P.O., ERNAKULAM-12.
BY ADV. SRI.SHAJI P.CHALY
RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM.
2. THE PRINCIPAL SECRETARY, FINANCE(PENSION DEPARTMENT, THIRUVANANTHAPURAM.
3. ADDITIONAL CHIEF SECRETARY (FINANCE) FINANCE (PENSION-A) DEPARTMENT, THIRUVANANTHAPURAM
R1 TO R3 BY GOVT. PLEADER SRI.A.J.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SVS/
S.SIRI JAGAN, J.
W.P. (C) NO.8545 OF 2010
Dated this the 13th day of October, 2010.
JUDGMENT
The counsel for the petitioner has filed a memo seeking permission to withdraw the Writ Petition which reads as follows:-
“The above writ petition is filed seeking to issue a Writ of Mandamus and command respondents 2 and 3 to release pension arrears, retirement/pensionary benefits including provident fund, Death Cum Retirement Gratuity etc etc of the deceased husband to the petitioner with 18% interest add for other related reliefs. But since the subject matter of the above writ petition is relating to the pension and other retirement benefits of the deceased husband of the petitioner, who was an I.A.S officer, we find that the appropriate forum for redressing the grievances of the petitioner is the Central Administrative Tribunal, Ernakulam. Therefore it is only just and necessary that petitioner may be permitted to withdraw the writ petition subject to her right to approach the CAT. Hence it is humbly prayed that this Honourable court may be pleased to dismiss the writ petition as not pressed granting liberty to the petitioner to approach he Central Admnistrative Tribunal, Ernakulam.”
In view of the said memo, this Writ Petition is closed in terms
of the memo.
S.SIRI JAGAN, JUDGE.
mns
DR.P.LATHEFA BEEBI
STATE OF KERALA REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM
THE PRINCIPAL SECRETARY, FINANCE(PENSION DEPARTMENT, THIRUVANANTHAPURAM
ADDITIONAL CHIEF SECRETARY (FINANCE) FINANCE (PENSION-A) DEPARTMENT, THIRUVANANTHAPURAM
S.SIRI JAGAN
As recorded by the court registry
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