The court disposed of a writ petition seeking retirement benefits after noting that the petitioners had already received the benefits post-filing, subjecting them to deduct the alleged liability through appropriate proceedings.
Writ petition disposed of with liberty to move appropriate proceedings regarding the deducted liability.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940
WP(C).No. 7273 of 2013
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PETITIONER(S)
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT,
2. THE KERALA STATE WOOD INDUSTRIES LIMITED,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 7273 of 2013 (H)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIIBT-P3- TRUE COPY OF THE JUDGMENT DATED 6.10.2009 IN W.P(C) 27627/2004(L) |
|---|
RESPONDENTS EXHIBITS: NIL
/TRUE COPY/
K.V. P.S.TO JUDGE 11.04.2018
P.V.ASHA, J.
W.P.(C) No.7273 of 2013
Dated this the 9th day of April, 2018
JUDGMENT
The writ petition was filed praying for directions to the respondents to fix the retirement benefits due to the petitioners in the light of the pay revision orders and to disburse the benefits. During the pendency of the writ petition all the petitioners have received the benefits. In the case of the 1st petitioner the respondents have issued a liability certificate. Respondents disbursed the amount due to the petitioners after deducting the alleged liability. In the above circumstances, the writ petition is disposed of, with liberty to the petitioners to move appropriate proceedings with respect to the liability that has been fixed against them.
P.V.ASHA JUDGE
rkc
2 issues framed by the court
Whether dismissal of the writ petition is appropriate since the petitioners have already received the retirement benefits after the pendency of the writ.
Whether the writ petition should be disposed of allowing the petitioners to move appropriate proceedings regarding the deducted liability.
V.K. VISWAMBHARAN
P. CHANDRAN
M. RAMACHANDRAN
P.C. RAJAGOPALAN
M.P. RAMESAN
STATE OF KERALA
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
