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Elizabeth Mani v. State of Kerala

Kerala HC11 Dec 2017WP(C)/35555/2017

Case brief

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What is this about?

The Court issued a direction to the 3rd respondent to issue a duplicate copy of the petitioner's pension payment order and disburse the sanctioned pension amount within two weeks, ordering the writ petition accordingly following the hearing.

What did the court decide?

Direction to the 3rd respondent to issue a duplicate copy of the pension payment order and disburse sanctioned amounts within two weeks.

Elizabeth Mani Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 11TH DAY OF DECEMBER 2017/20TH AGRAHAYANA, 1939

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WP(C).No. 35555 of 2017 (T)

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PETITIONER(S):

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ELIZABETH MANI, W/O LATE T.K. MANI, AGED 89 YEARS, THADATHIL HOUSE, KODENCHERRY P.O, KOZHIKKODE DISTRICT, NOW RESIDING AT 17/B, 1ST FLOOR, 12TH MAIN, 9TH CROSS, 1ST SECTOR, NOBO NAGAR, BENNARGHATTA ROAD, BANGALORE-560076.

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BY ADVS.SRI.T.V.GEORGE SMT.LINDA GEORGE SRI.JIMMY GEORGE (THADATHIL)

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO FINANCE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-PIN-695001

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2. THE DIRECTOR OF TREASURIES, OFFICE OF TREASURY DIRECTOR, THIRUVANANTHAPURAM PIN-695001.

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3. RURAL DISTRICT TREASURY OFFICER, THAMARASSERY, KOZHIKODE DISTRICT - 673001.

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4. ACCOUNTANT GENERAL (A&E) KERALA, JAWAHAR NAGAR COLONY RD, KOOMBARA, KOZHIKODE, PIN-673006.

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BY SENIOR GOVERNMENT PLEADER SMT.NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 35555 of 2017 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE PENSION SLIP ISSUED BY THE STATE BANK OF INDIA, KODENCHERRY BRANCH.

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EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED BEFORE THE 3RD RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BEFORE THE 4TH RESPONDENT.

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EXHIBIT P4:- TRUE COPY OF LETTER DATED 10.7.2017 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

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EXHIBIT P5:- TRUE COPY OF LETTER DATED 15.12.2003 ISSUED BY THE 4TH RESPONDENT TO THE SUB TREASURY OFFICER, PUTHIYARA,KOZHIKODE.

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EXHIBIT P6:- TRUE COPY OF LETTER DATED 11.11.2005 ISSUED BY THE 4TH RESPONDENT.

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RESPONDENT(S)' EXHIBITS - NIL

/TRUE COPY/

PS TO JUDGE

ANU SIVARAMAN, J.

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W.P.(C). No. 35555 of 2017

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Dated this the 11^th day of December, 2017

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J U D G M E N T

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The writ petition has been filed with the following

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prayers:-

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(i) Call for the entire records relating to the above case.

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(ii) Issue a writ of mandamus or any other appropriate writ, direction or order commanding the respondents 2,3 and 4 to issue duplicate copy of pension payment order (PPO) to the petitioner, at the earliest, without any further delay.

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(iii) Issue a writ of mandamus or any other appropriate writ, direction or order commanding the 2^nd respondent to recover 12% interest, from the concerned officers for the inordinate delay caused in issuance of PPO from 3/04/'16 till the date of issuance of duplicate copy of the PPO to the petitioner.

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Heard learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by the learned Government Pleader, on instructions, that directions have already issued by the Accountant General, sanctioning the Family Pension due to the petitioner and also directing the Treasury Officer to take necessary steps to see that the amounts are disbursed to the

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W.P.(C). No. 35555 of 2017 2

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petitioner.

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It is submitted by the learned counsel for the petitioner that duplicate copy of the pension payment order

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has not been given to the petitioner and the petitioner has resultantly not been able to draw the amount sanctioned.

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In the above view of the matter, there will be a direction to the 3^rd respondent to issue a duplicate copy of the pension payment order of the petitioner and to disburse the amounts already sanctioned, within a period of two weeks from the date of receipt of a copy of this judgment.

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The writ petition is ordered accordingly.

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Sd/- ANU SIVARAMAN JUDGE

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rmm/11/12

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// True Copy//

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P.A. to Judge

Elizabeth Mani v. State of Kerala

Case brief

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Elizabeth Mani v. State of Kerala

Case brief

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