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Rangan.K.R. Vs State of Kerala & Another — Pension and Retirement Benefits | Kerala HC (2011)

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Rangan.K.R. Vs State of Kerala & AnotherRangan.K.R. v. State of Kerala & Another

Rangan.K.R. v. State of Kerala & Another

Kerala HC19 Jul 2011WP(C)/8710/2010

Case brief

from the order text

What is this about?

HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…

What the court decided

AI extract

Issue for consideration

Whether the respondents are directed to finalize proceedings and disburse the due balance amount to the petitioner.

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933

WP(C).No. 8710 of 2010(K)

----------------------------------------

PETITIONER(S):

-------------------------

RANGAN.K.R., KANNATTUVILA KIZHAKKATHIL VEEDU, KURUTTIKKADU, MANNAR, CHENGANNOOR TALUK, ALAPPUZHA.

BY ADV. SRI.K.MADHUSOODHANAN NAIR

RESPONDENT(S):

---------------------------

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the respondents are directed to finalize proceedings and disburse the due balance amount to the petitioner.

Parties & counsel

AI extract

petitioner
RANGAN.K.R.
respondent
D.R.D.A. OFFICE ALAPPUZHA

Coram

AI extract

P.R. RAMACHANDRA MENON

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 19 Jul 2011 · July
Registered: 15 Mar 2010
Case no.: WP(C)/8710/2010

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Cite this judgement

Rangan.K.R. v. State of Kerala & Another, WP(C)/8710/2010 (KL), decided on 19 July 2011.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P.R. RAMACHANDRA MENON

Parties & counsel

A compact analysis

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.

1. DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA.

2. PROJECT OFFICER, D.R.D.A. OFFICE, ZHACCCRIA BAZAR, ALAPPUZHA.

R1 & R2 BY GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C)NO.8710/2010

APPENDIX

PETITIONER'S EXHIBITS:

P1 COPY OF THE APPROVED ESTIMATE

P2 COPY OF THE PETITIONER'S APPLICATION FOR INFORMATION

P3 COPY OF THE REPLY DATED 11/5/2009 BEARING NO.E.612/09 FROM THE BLOCK DEVELOPMENT OFFICER, CHENGANNOOR

RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

P.R. RAMACHANDRA MENON, J.

WP (C) No. 8710 of 2010

Dated this the 19^th day of July, 2011

JUDGMENT

The petitioner is stated as 'approved nominee' for carrying out certain works in respect of the years of 199697 in Mannar Panchayath, Chengannoor Block. The work involved the construction of a 'cross bar' and some improvements to the Marakam Puncha in Mannar Panchayath, estimated cost of which was fixed as `.2,60,000/-. It is stated that the petitioner had completed the work before 31.3.2004 and inspite of submitting the bills, the amount due to the petitioner was not fully satisfied, though a part payment has been effected. Prayer is to give appropriate direction to the respondents 1 and 2 to settle the bills and to disburse the due amount within a reasonable time.

The 2^nd respondent has filed a counter affidavit pointing out that, a part bill for `.2,02,660/- was sanctioned and payment was already made to the petitioner. It is stated that the delay in finalizing the proceedings was due

2

WP (C) No. 8710 of 2010

to many reasons as explained in paragraph 2 of the counter affidavit. It is however added that, necessary steps have been taken for doing 'check measurement' of the bills through LSGD Division and that a request has been forwarded to the Commissioner for Rural Development to release sufficient fund and sanction for making payment to the petitioner.

Learned counsel for the petitioner submits that there is no dispute with regard to the eligibility of the petitioner to obtain the due amount and that the stand taken by the 2^nd respondent in the counter affidavit is only with regard to the delay involved and further that the requirement pointed out in paragraph 3 of the counter affidavit is to obtain “3 months' time” for settling the dispute. Learned counsel submits that the counter affidavit is dated 7.7.2010 and inspite of the lapse of one year (instead of 3 months), the petitioner is still made to wait in the dark.

WP (C) No. 8710 of 2010

3

Heard the learned Government Pleader as well.

Considering the facts and circumstances, the

respondents are directed to finalize the proceedings with regard to the claim put forth by the petitioner, which pertains only to the balance amount of about `.58,000/-. The proceedings shall be finalized in accordance with law and the due amount shall be disbursed to the petitioner within '6 weeks' from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

P.R. RAMACHANDRA MENON, JUDGE.

rkc

CNR

KLHC010506892010

Topic

Pension and Retirement Benefits

Bench

P.r.ramachandra Menon

Disposal

DISPOSED OF

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