Allowed

Suresh Chandra v. Kuryan

Kerala HC9 Apr 2012Con.Case(C)/1131/2011

Case brief

AI extract

What is this about?

This is a contempt under civil proceeding where the High Court of Kerala directed the Directorate of Collegiate Education and Accountant General to immediately arrange payment of arrears of pay, pension, and regular pension to the petitioner based on revised UGC pay scales and stay bank recovery.

What did the court decide?

Directorate of Collegiate Education and Accountant General directed to immediately arrange payment of arrears of pay, pension, and regular pension; bank recovery proceedings stayed.

Suresh Chandra Vs Kuryan — Pension and Retirement Benefits | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR &

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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MONDAY, THE 9TH DAY OF APRIL 2012/20TH CHAITHRA 1934

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Con.Case(C).No. 1131 of 2011 (S)

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AGAINST THE ORDER/JUDGMENT IN WPC.11896/2011 DATED 13-07-2011 PETITIONER(S/WRIT PETITIONER:

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SURESH CHANDRA

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AGED 55 YEARS, S/O. SOMANATHAN READER IN ENGLISH (RETIRED), SREE NARAYANA COLLEGE KOLLAM, RESIDING AT, PADMAVATHI BHAVAN ANJETHUKAVU, EAST MUNDAKKAL, KOLLAM DISTRICT.

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BY ADV. SURESH CHANDRA (PARTY-IN-PERSON)

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RESPONDENT(S)/RESPONDENTS 1 AND 4 IN WPC :

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1. KURYAN, AGED ABOUT 53 YEARS, FATHER'S NAME(NOT KNOWN TO PETITIONER), ACCOUNTANT GENERAL (KERALA) TRIVANDRUM. PIN -695001.

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2. VELLAPILLY NADESAN, AGED ABOUT 72 YEARS, MANAGER, SREE NARAYANA COLLEGE, KOLLAM - 691 001.

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BY ADV. SRI.A.N.RAJAN BABU

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 09-04-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.N. RAMACHANDRAN NAIR &

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BABU MATHEW P. JOSEPH, JJ.

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Cont.Case No.1131 OF 2011 & I.A.730/11 in W.A.957/11

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Dated this the 9^th day of April, 2012

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J U D G M E N T

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Ramachandran Nair, J

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Both the I.A. and the contempt case arise out of the Division Bench judgment directing payment of Rs.8 lakhs from appellant's retirement benefits to the Union Bank towards loan due from appellant and directing release of balance amount to him. Respondents have paid Rs.8 lakhs to the Union Bank. However first appellant has continued grievance in as much as he is not paid retirement benefits and pension based on revised UGC Pay Scales.

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Advocate Sri.A.N.Rajan Babu appearing for the respondent-Manager submitted that as of now the last pay

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Cont.Case No.1131 OF 2011 & I.A.730/11 in W.A.957/11

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slip for one day's salary, the last month's salary as well as the form duly filled up for payment of UGC scale for revised pay scales and also for giving the arrears of retirement benefits and revised pension to the first appellant is now submitted to the Deputy Director of Collegiate Education by the Principal through special messenger. Copy of the entire proceedings along with the statement of the Principal are produced in Court. The Government Pleader has submitted that the Deputy Director will, without any delay, process the papers and make arrangements to make payment. We record this submission and close the contempt case with a direction to the Directorate of Collegiate Education and Accountant General to immediately take steps and to advice the Treasury for giving arrears of pay and pension and regular pension to the appellant with eligible retirement benefits based on the revised UGC

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Cont.Case No.1131 OF 2011 & I.A.730/11 in W.A.957/11

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pay. The appellant is directed to produce this order personally before the Deputy Director along with the copy of the statement submitted by the Principal for compliance within one month from the date of receipt of the order by the Deputy Director of Collegiate Education.

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Deputy Director will pass orders within one month from today. All balance arrears will be released to the petitioner within two weeks thereafter. Recovery proceedings initiated by the Bank will remain stayed for another two months from now.

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We make it clear that if the appellant has any grievance against the recovery proceedings initiated by the Bank he is free to challenge the same and any other issue other than what is decided in the judgment in the main case namely the Writ Appeal and the Writ Petition, as we have not considered the appellant's eligibility in detail.

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Cont.Case No.1131 OF 2011 & I.A.730/11 in W.A.957/11

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Registry will issue copy of the judgment to petitioner

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personally today itself.

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C.N. RAMACHANDRAN NAIR, JUDGE.

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BABU MATHEW P. JOSEPH, JUDGE.

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ul/-

Suresh Chandra v. Kuryan

Case brief

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Suresh Chandra v. Kuryan

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