Petitioner sought directions for disbursement of pension and service benefits. Court noted benefits were already disbursed per interim order and denied was order disposing of petition, leaving correctness of figures and interest claim open.
Petition disposed; correctness of figures and claim for interest left open.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 11325 of 2008(W)
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PETITIONER:
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LEELA.M. DEVAKI NIVAS, NEAR THREE ROAD, P.O. AZHIKODE, KANNUR DISTRICT, RETIRED NURSING SUPERINTENDENT GR.II,GOVERNMENT HOSPITAL, THOTTAKKAD, KOTTAYAM DIST
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH & FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM
3. DISTRICT MEDICAL OFFICER KOTTAYAM
BY GOVERNMENT PLEADER SRI.A.J.JOSE EDAYODI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 11325 of 2008(W)
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1. COPY OF THE PENSION PAYMENT ORDER EXT.P2. COPY OF THE GRATUITY PAYMENT ORDER
EXT.P3. COPY OF THE ORDER DATED 6.2.2008
EXT.P4. COPY OF THE REPLY DATED 28.1.2007
EXT.P5. COPY OF THE LETTER DATED 5.12.2007 ISSUED BY THE 3RD RESPONDENT.
EXT.P6. COPY OF THE REPRESENTATION DATED 20.11.2007 FILED BY THE PETITIONER BFORE THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS : NIL
/ TRUE COPY /
P.A. TO JUDGE
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P.R. RAMACHANDRA MENON, J.
W.P.(C).NO.11325 OF 2008
Dated this the 3rd day of November, 2011.
JUDGMENT
The petitioner has approached this Court seeking for
issuance of a direction to disburse the DCRG, leave surrender benefits, family pension benefits and such other service benefits pursuant to the retirement of the petitioner from the service on 31.5.2005.
pursuant to the interim order passed by this Court on 11.4.2008 at the time of admission, the service benefits including the DCRG have already been disbursed to the petitioner and the surviving dispute is only with regard to the claim for 'interest' and also as to the correctness of the figures in respect of the amounts; which will be got agitated by other appropriate means.
In the above facts and circumstances, the writ petition is disposed of making it clear that the correctness of the figures and the issue in respect of the claim of interest are left open.
P.R. RAMACHANDRA MENON, JUDGE.
cl
2 issues framed by the court
Whether the writ petition should be disposed of given that service benefits were already disbursed pursuant to an interim order, leaving interest and figure correctness open.
To what extent the correctness of figures and the claim for interest should be addressed in this writ petition.
LEELA.M. DEVAKI
STATE OF KERALA
THE DIRECTOR OF HEALTH SERVICES
DISTRICT MEDICAL OFFICER KOTTAYAM
P.R.RAMACHANDRA MENON
As recorded by the court registry
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