Disposed

K.M.Retnamma v. the Deputy Inspector General of POLICE(MEDICAL0

Kerala HC6 Nov 2012WP(C)/11396/2012

Case brief

AI extract

What is this about?

Petitioner sought mandamus for release of leave encashment, MACP arrears, and interest on belated pension. Court noted benefits appeared released per respondents, leaving only interest claim open for separate proceedings, and disposed the writ petition accordingly.

What did the court decide?

Petition disposed; question of interest on belated pension left open for separate proceedings.

K.M.Retnamma Vs the Deputy Inspector General… — 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 P.R.RAMACHANDRA MENON

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TUESDAY, THE 6TH DAY OF NOVEMBER 2012/15TH KARTHIKA 1934

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WP(C).No. 11396 of 2012 (Y)

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PETITIONER:

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K.M.RETNAMMA,

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NO.761120189 HEAD CONSTABLE/NURSING ASSISTANT, OFFICE OF THE DEPUTY INSPECTOR GENERAL OF POLICE (MEDICAL), COMPOSITE HOSPITAL, CENTRAL RESERVE POLICE FORCE, PALLIPURAM, THIRUVANANTHAPURAM- 695 316.

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BY ADV. SRI.VISHNU.S. CHEMPAZHANTHIYIL.

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RESPONDENTS:

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1. THE DEPUTY INSPECTOR GENERAL OF POLICE (MEDICAL), COMPOSITE HOSPITAL, CENTRAL RESERVE POLICE FORCE, PALLIPURAM, THIRUVANANTHAPURAM- 695 316.

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2. THE DEPUTY INSPECTOR GENERAL OF POLICE, GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPURAM, THIRUVANANTHAPURAM- 695 316.

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3. THE INSPECTOR GENERAL, SOUTHERN SECTOR, CENTRAL RESERVE POLICE FORCE, RAOD NO.10C, NEW MP/MLA COLONY, GAYATHRI HILLS, HYDERABAD- 500 033.

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4. THE DIRECTOR GENERAL, CENTRAL RESERVE POLICE FORCE, C G O COMPLEX, LODHI ROAD, NEW DELHI- 110 001.

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BY SRI.P.PARAMESWARAN NAIR,A.S.G OF INDIA.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Prv.

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W.P.(C).NO.11396/2012-Y:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1. TRUE COPY OF THE OFFICE ORDER NO.O.IV-16/2009-SRC.1/GC DATED 25.7.2009 ISSUED BY THE IST RESPONDENT.

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EXHIBIT P2. TRUE COPY OF THE OFFICE ORDER NO.P.1-1/2011-CHPPM DATED 7/2011 ISSUED BY THE IST RESPONDENT.

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EXHIBIT P3. TRUE COPY OF THE PAY SLIP FOR THE MONTH OF JUNE 2011.

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EXHIBIT P4. TRUE COPY OF THE REPRESENTATION DATED 16.4.2012 TO THE RESPONDENTS.

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EXHIBIT P5. TRUE COPY OF THE REPRESENTATION DATED 17.4.2102 TO THE 4TH RESPONDENT.

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RESPONDENTS' EXHIBITS:

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EXT.R1.A: COPY OF THE LETTER ISSUED BY THE PETITIONER DTD. 11/01/2011. EXT.R1.B: COPY OF THE LETTER DTD. 27/01/2011.

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EXT.R1.C: COPY OF THE LETTER DTD. 05/04/2011.

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EXT.R1.D: COPY OF THE LETTER DTD. 30/05/2011.

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EXT.R1.E: COPY OF THE ORDER DTD. 11/07/2011.

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EXT.R1.F: COPY OF THE LETTER DTD. 21/07/2011.

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EXT.R1.G: COPY OF THE PENSION CALCULATION DETAILS.

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EXT.R1.H: COPY OF THE PENSION CALCULATION DETAILS DTD. 20/09/2011.

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EXT.R1.I: COPY OF THE PENSION CALCULATION DETAILS DTD. 20/09/2011. EXT.R1.J: COPY OF THE PENSION CALCULATION DETAILS DTD. 20/09/2011.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

P.R. RAMACHANDRA MENON, J.

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W.P.(C). No. 11396 of 2012

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Dated this the 6^th day of November, 2012

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers:

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“1. A writ of mandamus or other appropriate writ, order or direction directing the respondents to release the leave encashment and insurance amount at the earliest.

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A writ of mandamus or other appropriate writ, order or direction directing the respondents to release the arrears consequent upon grant of 3^rd financial upgradation under Modified Assured Career Progression Scheme granted as per Ext.P2.

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A writ of mandamus or other appropriate writ, order or direction directing the respondents to pay interest at the rate of 9% on belated payment of pensionary benefits.”

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When the matter came up for consideration before this

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Court on 21.8.2012, the following interim order was passed:

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“I.A. No.9947/2012 is filed by

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the petitioner seeking a direction to

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the respondents to release the Group Insurance amount due to the petitioner. I.A.No.9948/2012 is filed for a direction to the respondents to revise the pensionary benefits due to the petitioner taking into account the

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W.P.C. No. 11396 of 2012 -2-

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3^rd MACP which has already been sanctioned and arrears paid and to release the arrears of revised pensionary benefits consequently.”

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Subsequently, it was submitted by the learned Standing

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Counsel for the respondents on 1.11.2012 that, all the benefits payable to the petitioner had already released as pointed out in the counter affidavit, which aspect was sought to be confirmed from the part of the petitioner. The learned counsel for the petitioner submits that, after filing the writ petition, the reliefs sought for by the petitioner have been granted and that the only issue remains is the eligibility of the petitioner to get 'interest' in respect of the belated payment of the pension arrears.

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After hearing both the sides, and taking note of the particular facts and figures, this Court finds that, the question with regard to the claim of the interest could be left open, to be agitated by way of other appropriate proceedings, on the basis of specific pleadings and the evidence to be let in. The matter is disposed of accordingly.

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P.R. RAMACHANDRA MENON, JUDGE.

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Kp/-

K.M.Retnamma v. the Deputy Inspector General of POLICE(MEDICAL0

Case brief

What is this about?

What did the court decide?

K.M.Retnamma v. the Deputy Inspector General of POLICE(MEDICAL0

Case brief

What is this about?

What did the court decide?

What the court decided

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