Disposed

Dr.N. Mohan v. State of Kerala and Others

Kerala HC30 Aug 2016WP(C)/11591/2009

Case brief

AI extract

What is this about?

The petitioner sought writs for a non-liability certificate, payment of interest on delayed gratuity, and quashing of an order directing gratuity payment. The Court granted pensionary benefits pending the petition and held to be withholding the same for valid reasons due to adjustment against motor conveyance allowance. Consequently, the Court declined to order interest payment but left the grieva

What did the court decide?

Writ petition disposed of with liberty to file civil suit for interest related grievance. Order for interest on minutia of gratuity not passed.

Dr.N. Mohan Vs State of Kerala and Others — Pension and Retirement Benefits | Kerala HC (2016)

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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.MUHAMED MUSTAQUE

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TUESDAY, THE 30TH DAY OF AUGUST 2016/8TH BHADRA, 1938

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WP(C).No. 11591 of 2009 (T)

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PETITIONER(S):

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DR. N.MOHAN, AGED 55, S/O. N.NARAYANAN NAIR, KARAVATTU HOUSE, ALLAPRA P.O., PERUMBAVOOR, PIN-683 553.

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BY ADVS.SRI.G.KRISHNAKUMAR SMT.PRIYA S.SHENOY

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM.

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2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM.

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3. UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS REGISTRAR.

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4. THE PRINCIPAL, MAHARAJAS COLLEGE, ERNAKULAM.

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5. ACCOUNTANT GENERAL,

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OFFICE OF THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM-695 039.

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R3 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. R3 BY ADV. SRI.GEORGE POONTHOTTAM,SC,KERALA UTY. R3 BY ADV. SRI.BECHU KURIAN THOMAS, SC, UNIVERSITY OF KERALA R1,2,4 & 5 BY GOVERNMENT PLEADER SRI.T.R.RAJESH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 11591 of 2009 (T)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1: PHOTOCOPY OF THE DECLARATION DATED 10.07.1996 SUBMITTED BY THE PETITIONER

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EXT.P2: PHOTOCOPY OF THE CERTIFICATE DATED 16.2.2008 ISSUED BY THE UNIVERSITY OF KERALA ADMITTING THE PETITIONER TO THE DEGREE OF DOCTOR OF PHILOSOPHY

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EXT.P3: PHOTOCOPY OF THE COMMUNICATION NO.B1-2417/2008 DTD.8.8.2008 ISSUED BY THE 4TH RESPONDENT

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EXT.P4: PHOTOCOPY OF THE COMMUNICATION ISSUED BY SECOND RESPONDENT DIRECTING THE 4TH RESPONDENT DATED 20.1.09

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EXT.P5: PHOTOCOPY OF THE BOND EXECUTED BY THE PETITIONER FOR UNDERGOING PH.D COURSE UNDER FACULTY IMPROVEMENT PROGRAM

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EXT.P6: PHOTOCOPY OF THE THESIS SUBMISSION CERTIFICATE DTD.2.2.2009 ISSUED BY THE 3RD RESPONDENT

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EXT.P7: PHOTOCOPY OF THE REPRESENTATION DATED 12.02.2009 ADDRESSDED TO THE SECOND RESPONDENT

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EXT.P8: PHOTOCOPY OF THE REMINDER DTD.7.3.09PREFERRED BY THE PETITIONER TO THE SECOND RESPONDENT

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EXT.P9: PHOTOCOPY OF THE ORDER SANCTION GRATUITY ISSUED BY THE 5TH RESPONDENT

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EXT.P10: PHOTOCOPY OF THE ORDER SANCTION GRATUITY ISSUED BY THE 5TH RESPONDENT

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RESPONDENT'S EXHIBITS

NIL

//TRUE COPY//

P.A. TO JUDGE

A.MUHAMED MUSTAQUE, J.

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WP(C) No.11591 of 2009

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Dated this the 30^th day of August, 2016

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JUDGMENT

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The petitioner approached this Court seeking

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following reliefs:

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“i. Issue a writ of mandamus or any other appropriate wirt, order or direction commanding the second respondent to issue Non liability certificate forthwith in favour of petitioner.

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ii. Issue a writ of mandamus or other appropriate writ commanding second respondent to pass an appropriate order to pay 18% interest Per Annum on due gratuity amount for the belated period.

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iii. Issue a writ of certiorari or any other appropriate writ order or direction quashing Ext.P4 issued by the second respondent.”

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It is submitted that pending writ petition,

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pensionary benefits were released to the petitioner. The petitioner is now pressing for the delayed payment. The learned Government Pleader on instruction submits that

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WP(C) No.11591 of 2009

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withholding the pensionary benefits was for valid reasons. It is submitted that liability was adjusted against the motor conveyance allowance availed by the petitioner. Therefore withholding the pensionary benefits was for valid reasons. In such a circumstance, this Court is not in a position to pass any order for payment of interest. However the issue is left open. If the petitioner is having any subsisting grievance, the petitioner is free to work out his remedy before the civil court. With the liberty as above, the writ petition is disposed of.

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Sd/A.MUHAMED MUSTAQUE JUDGE

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Dr.N. Mohan v. State of Kerala and Others

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Dr.N. Mohan v. State of Kerala and Others

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