Petitioner sought interest on delayed retirement benefits claiming voluntary retirement effectuated on 01.01.2004. Court upheld dismissal noting failure to apply for benefits immediately after rejection period expired barred interest claim.
Pension application rejected; no interest awarded; writ petition dismissed.
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 K.VINOD CHANDRAN
TUESDAY, THE 22ND DAY OF MARCH 2016/2ND CHAITHRA, 1938
WP(C).No. 219 of 2006 (A)
PETITIONER:
A.FASAL RAHUMAN, BISMILA MANZIL, MAICKAL, VENJARAMMOODU, TRIVANDRUM.
BY ADV. SRI.S.MOHANDAS
RESPONDENTS:
1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEDPARTMENT, TRIVANDRUM.
2. THE DEPUTY DIRECTOR OF EDUCATION, KILLIPALAM, TRIVANDRUM.
3. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, TRIVANDRUM.
4. MANAGER, JANATHA HIGHER SECONDARY SCHOOL THEMPANMOODU, PULLAMPARA P.O., TRIVANDRUM.
5. SMT.T.V.MANISHA, H.S.A.(MALAYALAM), JANATHA HIGHER SECONDARY SCHOOL THEMPAMMOODU, PULLAMPARA P.O., TRIVANDRUM.
6. ACCOUNTANT GENERAL (A & E), KERALA TRIVANDRUM.
BY GOVERNMENT PLEADER SRI. S. JAMAL BY ADVS. SRI. K.SIJU SRI.B.SUGATHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C). No. 219 of 2006 (A)
APPENDIX
PETITIONER'S EXHIBITS :-
| EXT.P1 | - | COPY OF NOTICE DATED 10.10.2003 SUBMITTED BY THE PETITIONER. |
|---|---|---|
| EXT.P2 | - | COPY OF LETTER DATED 21.11.2003 ISSUED BY THE 3RD RESPONDENT. |
| EXT.P3 | - | COPY OF DECLARATION DATED 01.01.2004 ISSUED BY THE 4TH RESPONDENT. |
| EXT.P4 | - | COPY OF LIABILITY CERTIFICATE ISSUED BY THE 4TH RESPONDENT. |
| EXT.P5 | - | COPY OF CONSENT LETTER DATED 08.01.2004 SUBMITTED BY THE PETITIONER. |
| EXT.P6 | - | COPY OF LETTER DATED 26.08.2004 ISSUED BY THE 3RD RESPONDENT. |
| EXT.P7 | - | COPY OF ORDER DATED 31.03.2005 ISSUED BY THE 2ND RESPONDENT. |
| EXT.P8 | - | COPY OF LETTER DATED 23.04.2005 ISSUED BY HEADMASTER OF JANATHA HSS. |
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO JUDGE
sp
K. VINOD CHANDRAN, J.
---------------------------------W.P(C). No.219 of 2006-A
---------------------------------Dated this the 22nd day of March, 2016
JUDGMENT
The petitioner is aggrieved with the delay
in sanction of retirement benefits and pension. The petitioner's contention is that, though the petitioner applied for voluntary retirement from 01.01.2004, the sanction order was issued only on 23.04.2005. The petitioner contends that the retirement benefits should carry interest from the date of the application.
has specifically stated that as per Rule 56(iv) Part III, Kerala Service Rules, voluntary
W.P(C). No.219 of 2006-A
2
retirement becomes effective from the date specified in the application, unless it was rejected within three months from the date from which the application was made. The Government also has stated in the Counter Affidavit that there are various Certificates required for sanctioning the retirement; ensuring that there is no liability cast on the employee and verifying that there are no proceedings pending against the employee. This has to be obtained before sanction is accorded.
W.P(C). No.219 of 2006-A
3
petitioner obviously did not do that and
submitted the application for pension on 19.05.2005, which was processed and the entire benefits paid.
In such circumstance, the petitioner cannot claim any interest for the delay, since the same occurred only for reason of the petitioner having not submitted an application as per the Rules.
The writ petition hence would stand dismissed. No costs.
Sd/-
K. VINOD CHANDRAN, JUDGE.
//True Copy//
P.A. to Judge.
sp/23/03/16
2 issues framed by the court
Whether the petitioner can claim interest on retirement benefits for the delay in sanction caused by failure to apply immediately after the three-month expiry period.
Whether the delay in sanction of retirement benefits attracts interest under the Kerala Service Rules.
1 provisions across 1 enactments
A.FASAL RAHUMAN
THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEDPARTMENT, TRIVANDRUM.
THE DEPUTY DIRECTOR OF EDUCATION, KILLIPALAM, TRIVANDRUM.
THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, TRIVANDRUM.
MANAGER, JANATHA HIGHER SECONDARY SCHOOL THEMPANMOODU, PULLAMPARA P.O., TRIVANDRUM.
SMT.T.V.MANISHA, H.S.A.(MALAYALAM), JANATHA HIGHER SECONDARY SCHOOL THEMPAMMOODU, PULLAMPARA P.O., TRIVANDRUM.
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
