Petitioner sought refund of contributions made by her deceased husband, who was removed from Government service. Court held no bar exists for refund despite service forfeiture under service rules.
The respondents are directed to disburse the sum of Rs. 7,266.20 to the petitioner within three months from receipt of the judgment.
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 P.R.RAMACHANDRA MENON
WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933
OP.No. 22920 of 2001(C)
-----------------------
PETITIONER:
ALEKUTTY THOMAS, KATTAPPURAM, NEAR ESI DISPENSARY, KOTTAYAM
BY ADV. MR. MATHEW JOHN (K) MR. BABY THOMAS
RESPONDENTS:
BY GOVERNMENT PLEADER MR. NOUSHAD THOTTATHIL
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(c) NO. 22920 OF 2001
APPENDIX
PETITIONER'S EXHIBITS :
| EXT. P1 | : A TRUE COPY OF THE CERTIFICATE ISSUED BY THE HEADMASTER DATED 14.07.1982 |
|---|---|
| EXT. P2 | : A TRUE COPY OF THE PETITIONR SUBMITTED BY THE PETITIONR DATED 21.06.1995 BEFORE THE MINISTER FOR EDUCATION. |
| EXT. P3 | : A TRUE COPY OF THE COMMUNICATION DATED 06.10.1997 BY THE SECOND RESPONDENT. |
| EXT. P4 | : A TRUE COPY OF THE COMMUICATION DATED 05.12.1997 BY THE SECOND PETITIONER. |
/TRUE COPY/
P.A. TO JUDGE
P.R. RAMACHANDRA MENON J.
O.P. No. 22920 of 2001
Dated, this the 9th day of November, 2011
JUDGMENT
The issue pertains to the consequences resulted, because of the non-sanctioning of extension of leave without allowances for employment abroad.
O.P. No. 22920 of 2001
: 2 :
the her deceased husband, reckoning the service till 31.03.1988, treating the period of over stayal in terms of the Rule 96 of Part I KSR. The petitioner has also got a claim for interest in respect of the due amount.
29. Resignation and Dismissals - (a) Resignation of the Public Service or dismissal or removal from it, entails forfeiture of past service.
O.P. No. 22920 of 2001
: 3 :
In the above circumstances, the idea and understanding of the petitioner as to the eligibility to obtain the retirement benefits/formal pension is quite wrong and misconceived.
O.P. No. 22920 of 2001
: 4 :
respondents are directed to disburse the sum of Rs. 7266.20 covered by Ext. P1, to the petitioner as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The Original Petition is disposed of
P. R. RAMACHANDRA MENON, JUDGE
kmd
3 issues framed by the court
Whether a person removed from service for forfeiture of past service is entitled to a refund of contributions remitted.
Whether there is any bar under Rule 29(a) of Part III KSR on directing the state to refund the employee's contribution.
The manner and time frame for the refund of the remitted amount.
1 provisions across 1 enactments
ALEKUTTY THOMAS
THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM
THE DEPUTY DIRECTOR OF EDUCATION KOTTAYAM
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
