A retired operator sought release of unissued pension benefits. After establishing the claim and lack of objection, the Court directed the respondents to pay the arrears within three weeks of judgment.
Directing respondents to release DCRG to the petitioner within three weeks from receipt of judgment.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 21ST DAY OF MARCH 2014/30TH PHALGUNA, 1935
WP(C).No. 2718 of 2014 (L)
PETITIONER(S):
T.B. SWAMIDASAN, THATTARUPARAMBIL HOUSE, PARAYAKAD, NORTH PARUR, ERNAKULAM.
RETIRED OPERATOR (HIGHER GRADE) KERALA WATER AUTHORITY.
BY ADV. SRI.C.ANIL KUMAR
RESPONDENT(S):
1. THE KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY DIVISION, KOCHI 682 018.
3. FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033.
R1 TO R3 BY ADV. SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 2718 of 2014 (L)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1- TRUE COPY OF THE ORDER NO. KWA/HO/E1/199/95 DTD 25-1-1997 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2- TRUE COPY OF THE CIRCULR DATED 31-5-1997 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3- TRUE COPY OF THE ORDER NO. E1-1488/85 DATED 31-10-2012, ISSUED TO THE PETITIONER.
EXHIBIT P4- TRUE COMMUNICATION NO. KWA/AO (ESTT)/PEN. 7675/1716 BY THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY DTD. ..4/2013.
EXHIBIT P5- TRUE COPY OF THE REPRESENTATION DATED 9-12-2013 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P6 - TRUE COPY OF THE NOTICE DTD. 3/2/2014 ISSUED BY THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LIMITED TO THE PETITIONER.
EXHIBIT P7 - TRUE COPY OF THE NOTICE DTD. 5/03/2014 ISSUED BY UNION BANK OF INDIA IN THE NAME OF SETHULAKSHMI T.S.
RESPONDENT(S)' EXHIBITS:
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/TRUE COPY/
P.S.TO JUDGE
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P.R. RAMACHANDRA MENON, J.
W.P.(C)No.2718 OF 2014
......................................................................... Dated this the 21st March, 2014
J U D G M E N T
The petitioner joined the service of the respondent
Water Authority way back in the year 1983 as a provisional hand
and subsequently got regularised in the year 1990. On attaining the age of superannuation, the petitioner retired from the service on 31.10.2012 and the retirement benefits were fixed as per Ext.P4 communication issued in this regard. Despite the lapse of more than 1 ½ years after retirement, the terminal benefits are yet to be released to the petitioner, which made the petitioner to approach this Court, since Ext. P5 representation preferred in this regard did not turn to be fruitful.
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W.P.(C)No.2718 OF 2014
respondent/Finance Manager and Chief Accounts Officer, Water Authority and that the proceedings will be finalised at the earliest.
W.P.(C)No.2718 OF 2014
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the petitioner, there will be a direction to the respondents to release the DCRG to the petitioner at the earliest, at any rate, within three weeks from the date of receipt of a copy of the judgment.
The writ petition is disposed of.
P.R.RAMACHANDRA MENON JUDGE
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2 issues framed by the court
Whether the petitioner relieves withdrawal of retirement benefits pending release due to administrative delay.
How to direct the release of delayed terminal pension benefits.
T.B. SWAMIDASAN
THE KERALA WATER AUTHORITY
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
