Dismissed

Majida Beevi, v. Chief Conservator of Forest(Administration)

Kerala HC7 Jun 2019OP(KAT)/223/2019

Case brief

AI extract

What is this about?

The Hon'ble Court dismissed the Original Petition. It upheld the Kerala Administrative Tribunal's direction to disburse death-cum-retirement gratuity but declined to grant interest on the belated payment, noting it was not axiomatic. The petitioners have already received the ordered amount.

What did the court decide?

Denial of interest on gratuity; Original Petition dismissed as amount already disbursed.

Majida Beevi, Vs Chief Conservator of… — 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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FRIDAY, THE 07TH DAY OF JUNE 2019 / 17TH JYAISHTA, 1941

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OP(KAT).No. 223 of 2019

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AGAINST THE ORDER DATED 13.10.2017 IN TA 3053/2012 of KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/2ND APPLICANT:

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MAJIDA BEEVI, AGED 69 YEARS S.P SADANAM, KATTUMPURAM P.O, KALLARA, THIRUVANANTHAPURAM DIST - 695 608.

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BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR

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RESPONDENTS/RESPONDENTS:

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1 CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION) FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 033.

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2 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FORESTS AND WILD LIFE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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OTHER PRESENT:

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SRI. P.N.SANTHOSH-SR.GP

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 07.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(KAT) No.223/2019

JUDGMENT

V.Chitambaresh, J.

The disciplinary proceedings initiated against the

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deceased husband of the petitioner was set at naught. The same was done solely on account of a technical flaw. There is no finding that the delinquent is free from guilt in order to exonerate him from all the charges.

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The Tribunal has directed the Death-cumRetirement Gratuity to be disbursed to the petitionerwidow. The grant of interest on account of belated disbursement of the gratuity in the circumstances is not axiomatic. We do not think that the Tribunal has erred

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in declining to grant interest on the sum of Rs.82,870/towards gratuity.

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It is also reported that the amount ordered by

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the Tribunal has already been disbursed to the petitioner who is in receipt of the same.

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The Original Petition is dismissed.

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Sd/V.CHITAMBARESH JUDGE

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Sd/ASHOK MENON JUDGE

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dkr

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OP(KAT) No.223/2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF THE T.A NO. 3053/2012 FILED BY THE HUSBAND OF THE PETITIONER BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL EXHIBIT P2 COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT IN T.A 3053/2012 EXHIBIT P3 COPY OF THE REJOINDER FILED BY THE PETITIONER TO EXT.P2 REPLY STATEMENT EXHIBIT P3 A COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT EXHIBIT P4 COPY OF THE ORDER DATED 13-10-2017 IN T.A NO. 3053/2012 OF THE KERALA ADMINISTRATIVE TRIBUNAL.

Majida Beevi, v. Chief Conservator of Forest(Administration)

Case brief

What is this about?

What did the court decide?

Majida Beevi, v. Chief Conservator of Forest(Administration)

Case brief

What is this about?

What did the court decide?

What the court decided

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