Dismissed

State of Kerala v. K.R. Vijayamohanan

Kerala HC3 Sept 2019OP(KAT)/3/2018

Case brief

AI extract

What is this about?

A two-judge Division Bench confirmed an order annulling a liability of over 4 lakhs fixed without hearing. It held Rule 3A applies as departmental proceedings were initiated, and directed that retiral benefits carry 12% interest from the order date.

What did the court decide?

The order of the Tribunal confirming the liability annulment is confirmed; retiral benefits to carry 12% interest from the date of the Tribunal order. No costs.

State of Kerala Vs K.R. Vijayamohanan — Pension and Retirement Benefits | Kerala HC (2019)

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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 V.CHITAMBARESH

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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TUESDAY, THE 03RD DAY OF SEPTEMBER 2019 / 12TH BHADRA, 1941

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OP(KAT).No.3 OF 2018(Z)

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AGAINST THE ORDER DATED 8.12.2016 IN O.A.NO.122/2012 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS/RESPONDENTS 1 & 2 IN O.A.:

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1 STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, TAXES (E) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

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2 THE INSPECTOR GENERAL OF REGISTRATION THIRUVANANTHAPURAM.

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BY SR.GOVERNMENT PLEADER SRI.ANTONY MUKKATH

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RESPONDENT/APPLICANT IN O.A.:

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K.R. VIJAYAMOHANAN

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RETIRED SUB REGISTRAR, REGISTRATION DEPARTMENT (RETIRED WHILE WORKING AS CHITTY AUDITOR (HIGHER GRADE)), KOLLAM, S/O. A. M. RAGHAVAN PANICKER, AGED 61 YEARS, RESIDING AT SREENILAYAM, MEENAD EAST, CHATHANNOOR P.O., KOLLAM - 691572.

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BY ADV. SRI.S.RAMESH

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THIS OP(KAT)HAVING BEEN FINALLY HEARD ON 02.09.2019, THE COURT

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ON 03.09.2019 DELIVERED THE FOLLOWING:

OP(KAT) No.3 of 2018

Judgment

Chitambaresh, J.

1.It is evident from the pleadings and the material on record that a liability of `4,64,499/- was fastened under Annexure-A15 certificate on the respondent without any prior notice or hearing. The Kerala Administrative Tribunal cannot therefore be faulted with in annulling the liability by Ext.P3 order, even without the aid of Note 3 to Rule 3 of Part III KSR prescribing the time limit. The departmental proceedings have already commenced by Annexure-A1 order of suspension and therefore the rigour of Rule 3A of Part III KSR obviously applies. A reference to the decision in State of Kerala v. Sugunan [2019(2) KLT 132(DB)] is apposite to the context and therefore the disbursal of the retiral benefits has to await the proceedings.

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2.It is only by Annexure-A12 order was the departmental proceedings against the respondent finalised by reducing 10% of his monthly pension for a period of one year under Rule 3 Part III KSR. Annexure-A12 order is the culmination of the proceedings

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OP(KAT) No.3 of 2018

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pursuant to the finding of the Vigilance Tribunal to the effect that some of the charges against the respondent are proved. It is by Ext.P3 order of the Tribunal was the liability fixed under Annexure-A15 certificate to the tune of `4,64,499/- set aside and therefore the retiral benefits could carry interest thereafter only. We therefore confirm the impugned order however clarifying that the admissible retiral benefits will carry interest at 12% per annum from the date of Ext.P3 order.

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The original petition is disposed of. No costs.

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Sd/V. CHITAMBARESH, JUDGE

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Sd/ASHOK MENON, JUDGE

Sha/020919

OP(KAT) No.3 of 2018

APPENDIX

PETITIONERS' EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE O. A. ALONG WITH ANNEXURES A1 TO A16. EXHIBIT P2 A TRUE COPY OF THE REPLY STATEMENT DATED 04.12.15 OF THE FIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE ORDER OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL DATED 08.12.2016 IN O.A. NO. 122/12.

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RESPONDENT'S EXHIBITS: NIL

State of Kerala v. K.R. Vijayamohanan

Case brief

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State of Kerala v. K.R. Vijayamohanan

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