Disposed

H.M.Sahadulla v. State of Kerala

Kerala HC12 Sept 2018WP(C)/19565/2018

Case brief

AI extract

What is this about?

Petitioner, a retired school principal, challenged non-payment of pension citing lack of prior concluded disciplinary action. The Court ordered pension accrual pending disciplinary outcome, directed fund release within two months, and mandated petitioner to cooperate with a departmental audit to conclude within six weeks.

What did the court decide?

Pension to be disbursed within two months, pending outcome of disciplinary action. Petitioner to cooperate with departmental audit within six weeks to enable final settlement.

H.M.Sahadulla Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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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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WEDNESDAY,THE 12TH DAY OF SEPTEMBER 2018 / 21ST BHADRA, 1940

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WP(C).No.19565 of 2018

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PETITIONER/S:

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H.M.SAHADULLA, SON OF A.M. HIBATHULLAHJI, AGED 57 YEARS, PRINCIPAL (RETIRED), DHO HIGHER SECONDARY SCHOOL, POOKKARATHARA, EDAPAL, MALAPPURAM DISTRICT, RESIDING AT NELLUVELIL HOUSE, POOKKARATHARA, KOLOLAMBA VIA EDAPAL, MALAPPURAM DISTRICT-679576.

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BY ADV. SRI.V.A.MUHAMMED

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001.

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2 THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM-695001.

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3 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.

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4 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, MALAPPURAM-676505.

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5 THE SUB TREASURY OFFICER, CHANGARAMKULAM SUB TREASURY, CHANGARAMKULAM-679575.

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6 THE PRINCIPAL, DHO HIGHER SECONDARY SCHOOL, POOKKARATHARA, EDAPAL, MALAPPURAM DISTRICT-679576.

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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 12.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19565 of 2018 2

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JUDGMENT

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The petitioner retired on 30.04.2017 as Principal of DHO

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Higher Secondary School, Pookkarathara. He has not been

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paid pensionary benefits for the reason that disciplinary proceedings were initiated. According to the petitioner, no disciplinary proceedings were initiated prior to his retirement.

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The learned Government Pleader submits that

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disciplinary proceedings were initiated much prior to the petitioner's retirement. Exts.R4(a) and (b) are the show cause notice and charge memo. It appears that the petitioner

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is being proceeded in relation to irregularity detected in the examination. The charge specify that the petitioner had issued mark list to a candidate, who impersonated in the examination.

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Anyhow, no proceedings have been concluded so far.

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Taking note of the nature of the charge memo, I am of the view that the petitioner should be given pension subject to

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WP(C).No. 19565 of 2018 3

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outcome of the disciplinary action. Needful shall be done to

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disburse the pensionary benefits within a period of two months. The petitioner shall co-operate with regard to the departmental audit inspection and the departmental audit enquiry shall be concluded within a period of six weeks. The DCRG shall be paid within a further period of one month thereon subject to the outcome of departmental audit enquiry. It is made clear that if any amount is found liable to be paid by the petitioner, the admitted portion of the DCRG shall be paid to him.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF THE PENSIONARY BENEFITS VERIFICATION REPORT DATED 30.10.2017.

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WP(C).No. 19565 of 2018 4

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EXHIBIT P1(A) A TRUE COPY OF THE INTIMATION SLIP OF PENSIONARY BENEFITS DATED 23.10.2017. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 1ST RESPONDENT BY THE PETITIONER. RESPONDENTS EXHIBITS : ANNEXURE R4(A) : TRUE COPY OF THE LETTER NO.1084267/U2/2017/G.EDN . DATED 08.03.2017 ANNEXURE R4(B) : TRUE COPY OF THE ORDER NO.EX VI(2)/13881/DHSE/2016 DATED 23.03.2017. //TRUE COPY//

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P.A.TO JUDGE

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H.M.Sahadulla v. State of Kerala

Case brief

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H.M.Sahadulla v. State of Kerala

Case brief

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