Disposed

S.Ponnappan Asari v. the State Institute of Languages and Ors.

Kerala HC15 Mar 2013WP(C)/33459/2010

Case brief

AI extract

What is this about?

The Court examined whether the First Respondent could recover dues and deduct them from the petitioner's Death-Cum-Retirement Gratuity. It allowed recovery of principal dues as on the retirement date but directed payment of the balance PPC amount to the petitioner along with interest at 6% per annum.

What did the court decide?

Directed recovery of only principal dues as on retirement date from DCRG; balance DCRG to be paid to petitioner within three weeks with 6% interest.

S.Ponnappan Asari Vs the State Institute of… — Pension and Retirement Benefits | Kerala HC (2013)

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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 A.M.SHAFFIQUE

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FRIDAY, THE 15TH DAY OF MARCH 2013/24TH PHALGUNA 1934

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WP(C).No. 33459 of 2010 (F)

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PETITIONER:

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S.PONNAPPAN ASARI (RETIRED JUNIOR SUPERINTENDENT,

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THE STATE INSTITUTE OF LANGUAGES, KERALA, THIRUVANANTHAPURAM) TC 13/1102, L.V.R.A.-13

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OPPOSITE VARAMBASSERY DEVI TEMPLE, KUNNUKUZHY VANCHIYOOR P.O., THIRUVANANTHAPURAM.

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BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY

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SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND

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RESPONDENTS:

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THE STATE INSTITUTE OF LANGUAGES, KERALA, NALANDA, THIRUVANANTHAPURAM PIN-695 003, REPRESENTED BY ITS DIRECTOR.

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PENSION SANCTIONING AUTHORITY, KERALA GOVERNMENT CULTURAL INSTITUTIONS EMPLOYEES' PENSION SCHEME AND DIRECTOR OF CULTURAL AFFAIRS, DIRECTORATE OF CULTURAL AFFAIRS, THYCAUD, THIRUVANANTHAPURAM, PIN-695 014.

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STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CULTURAL AFFAIRS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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R1 BY SRI.P.K.VIJAYAMOHANAN,SC

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R1 BY SRI.JAWAHAR JOSE, SC, STATE INSTITUTE OF LANGUAGES R2 & R3 BY SHRI. NOUSHAD THOTTATHIL, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 33459 of 2010 (F)

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: 2

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF THE ORDER NO.10/PENSION/2007/KGCIEPS DATED 08.06.2007 OF THE DIRECTOR OF CULTURAL AFFAIRS.

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EXT.P2 : TRUE COPY OF THE NOTICE NO.A/10/09/SIL DATED 29.01.2009 OF THE DIRECTOR, STATE INSTITUTE OF LANGUAGES.

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EXT.P3 : TRUE COPY OF the REPLY DATED 05.02.2009 SUBMITTED BY THE PETITIONER TO EXT.P2.

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EXT.P4 : TRUE COPY OF THE NOTICE NO.3168/SIL/AO/08 DATED 08.02.2010 OF THE ACCOUNTS OFFICER, STATE INSTITUTE OF LANGUAGES.

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EXT.P5 : TRUE COPY OF THE ORDER NO.E3/479/99/SIL DATED 22.02.2006 OF THE DIRECTOR, STATE INSTITUTE OF LANGUAGES.

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RESPONDENTS' EXHIBITS:

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EXT.R1(a) : TRUE COPY OF THE COMMUNICATION NO.LFTD.3(B)957/2010 DATED 22.07.2010 FROM THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT, THIRUVANANTHAPURAM.

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EXT.R1(b) : TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO.39/10/CAD DATED 08.11.2010 OF THE 3RD RESPONDENT.

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EXT.R1(c) : TRUE COPY OF THE NOTICE NO. E1/232/92/SIL DATED 09.04.2008 ISSUED TO THE PETITIONER.

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EXT.R1(d) : TRUE COPY OF THE STATEMENT SHOWING THE LIABILITIES OF THE PETITIONER TOWARDS VARIOUS BANKS AND FINANCIAL INSTITUTIONS.

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EXT.R1(e) : TRUE COPY OF NOTICE BEARING NO.E1/4729/90/CIL DATED 04.01.2011.

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EXT.R1(f) : TRUE COPY OF REPLY GIVEN BY THE PETITIONER TO EXT.R(1)(e) NOTICE.

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EXT.R1(g) : TRUE COPY OF ORDER PASSED BY THE 1ST RESPONDENT DATED 12.01.2011.

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WP(C).No. 33459 of 2010 (F)

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: 3

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EXT.R1(h) : TRUE COPY OF AWARD DATED 31.01.2012. EXT.R1(i) : TRUE COPY OF COMMUNICATION RECEIVED FROM THE KERALA STATE CO-OPERATIVE BANK DATED 29.11.2012.

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EXT.R1(j) : TRUE COPY OF COMMUNICATION RECEIVED FROM BASHA INSTITUTE & VIJNANAMUDRANAM PRESS EMPLOYEES CO-OPERATIVE SOCIETY DATED 29.11.2012.

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EXT.R1(k) : TRUE COPY OF THE BOND GIVEN BY THE PETITIONER AT THE TIME OF AVAILING LOAN DATED 24.01.2000.

//TRUE COPY//

P.A. TO JUDGE

A.M. SHAFFIQUE, J

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W.P.(C). NO. 33459 OF 2010

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Dated this the 15^th day of March, 2013

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JUDGMENT

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Petitioner retired from the service of the 1^st respondent on superannuation on 28.02.2006. According to him the pensionary benefits including DCRG has not been paid so far. No liability had been fixed by the 1^st respondent on the petitioner within the statutory period of three years, therefore there is no justification to withhold such payments. On those allegations, direction is sought for sanction of full pension to the petitioner and disburse the DCRG.

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The pension is admittedly paid. Statement is filed by the 1^st respondent Bank inter alia contending that there are certain dues payable by the petitioner for which petitioner had already executed necessary agreement permitting the 1^st respondent to recover the amount from DCRG. In the statement filed the amount is claimed under three specific heads. One is with reference to an amount of Rs. 29,150/- and Rs. 7,255/- wherein according to the 1^st

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W.P.(C). NO. 33459 OF 2010

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respondent petitioner had already given permission to recover the said amount from the DCRG in terms of Ext. R1 (f). Another claim is with reference to the amount due to the Kaithamukku Branch of Kerala State Co-operative Bank and an award is passed in that regard as per Ext. R1(h). So far there is no document produced to show that the said award amount can be recovered from DCRG. If there is any such document probably the 1^st respondent will be entitled to withhold such amount also. But in the absence of any such record, the 1^st respondent cannot recover the amount from the DCRG

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Another head under which the amount payable by the petitioner is the liability towards Kerala Bhasha Institute and Vijnanamudranam Press Employees' Co-operative Society. According to the 1^st respondent the liability is Rs. 1,16,499/- as evident from Ext. R1(j). It is the contention of the learned counsel for the petitioner that the amount due as on the date of retirement was only Rs. 65,758/- as shown in Ext. R1(d) and the balance

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W.P.(C). NO. 33459 OF 2010

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amount is only interest, which liability had occurred on account of the fact that the 1^st respondent did not transfer the said amount to the said Society despite the petitioner having issued Ext. R1(k) much earlier. In fact Ext. R1(k) bond was issued on 24.09.2000 and it was open for the 1^st respondent to have transferred the amount due to the said Society immediately on the retirement of the petitioner and the contention urged by the learned counsel for petitioner is that the liability of interest after 28.02.2006 has to be borne by the 1^st respondent Bank. There is some justification to the aforesaid argument.

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In that view of the matter, I am of the view that only the amount due to Kerala Bhasha Institute and Vijnanamudranam Press Employees' Co-operative Society as on 28.02.2006 can be recovered from the DCRG of the petitioner. Having regard to the factual circumstances involved in the matter, this writ petition is disposed of as follows:-

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The 1^st respondent is entitled to recover only the

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W.P.(C). NO. 33459 OF 2010

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following amounts from the DGRG of the petitioner:-

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i) a) Rs. 36,405/-

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b) The amount due to the Kerala Bhasha Institute and Vijnanamudranam Press Employees' Co-operative Society as on 28.02.2006

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ii) If the Kaithamukku Branch of Kerala State Co-

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operative Bank is in a position to produce any bond of the petitioner agreeing to recover the amount under the award Ext. R1(h) from the DCRG of the petitioner the 1^st respondent will be entitled to adjust the said amount also. However, if no such request is received within a period of one month from the date of receipt of a copy of this judgment, the balance amount of DCRG shall be paid to the petitioner, within another three weeks.

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iii) The balance amount payable to the petitioner shall carry an interest at the rate of 6% per annum from the date of retirement.

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A.M. SHAFFIQUE JUDGE

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DCS

S.Ponnappan Asari v. the State Institute of Languages and Ors.

Case brief

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S.Ponnappan Asari v. the State Institute of Languages and Ors.

Case brief

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