Dismissed

Raveendran a.K, v. the State of Kerala

Kerala HC18 Mar 2019OP(KAT)/27/2019

Case brief

AI extract

What is this about?

The Kerala High Court dismissed an Original Petition raising a territorial bar/drawal of jurisdiction case concerning the petitioner's vigilance case pending at the time of retirement. The court held the petitioners cannot be faulted for not disbursing full pension or gratuity until the vigilance case concludes, limiting entitlement to provisional pension only under Rule 3A of Kerala Service Rules

What did the court decide?

Declined jurisdiction; dismissed the original petition for want of jurisdiction.

Raveendran a.K, Vs the State of Kerala — 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 A.M.BABU

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MONDAY ,THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940

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OP(KAT).No. 27 of 2019

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AGAINST THE ORDER/JUDGMENT IN OA 2178/2018 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (ADDITIONAL BENCH ERNAKULAM) DATED 22-11-2018

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PETITIONER/S:

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RAVEENDRAN A.K,AGED 61 YEARS S/O LATE A KRISHNAN,SHYAM NILAYAM, MATTARAKKAL P.O.PERINTHALMANNA VIA,MALAPPURAM DISTRICT

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BY ADVS.

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SRI.ANOOP.V.NAIR

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SRI.M.S.SANDEEP SUDHAKARAN

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RESPONDENT/S:

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1 THE STATE OF KERALA,REP BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE ACCOUNTANT GENERAL, INDIAN AUDIT AND ACCOUNTS DEPARTMENT,OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) M.G.ROAD P.B.NO 5607, THIRUVANANTHAPURAM-695 001.

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3 THE LAND REVENUE COMMISSIONER,OFFICE OF THE LAND REVENUE COMMISSIONER,PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-695 033.

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4 THE DIRECTOR,VIGILANCE AND ANTICORRUPTION BUREAU, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

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5 THE DEPUTY COLLECTOR (VIGILANCE),OFFICE OF THE VIGILANCE DEPUTY COLLECTOR, NORTH ZONE,CALICUT-673 001.

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6 THE DISTRICT COLLECTOR,COLLECTORATE, PALAKKAD-678 001

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7 THE DISTRICT COLLECTOR, COLLECTORATE, KOZHIKODE-673 001.

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OP(KAT).No. 27 of 2019

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8 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTICORRUPTION BUREAU, KOZHIKODE UNIT, KOZHIKODE-673 016

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SRI.ANTONY MUKKATH-GOVERNMENT PLEADER

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 18.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(KAT).No. 27 of 2019

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JUDGMENT

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V.CHITAMBARESH, J.

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The vigilance case pending at the time of retirement of the petitioner is still pending as VC 03/2012/KKD. It is reported that a final charge has been framed and the case numbered as CC 27/15 on the file of the Vigilance Court, Kozhikode. The respondents cannot be faulted with therefore in not disbursing the pension, gratuity and other retiral benefits. The petitioner is at best entitled to provisonal pension only under Rule 3A of Part III of the Kerala Service Rules. The petitioner has to await the culmination of the judicial proceedings in order to enable him to draw the entire retiral benefits. We decline jurisdiction and the Original Petition is dismissed.

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The Registry shall forward a copy of this judgment to the Vigilance Court concerned to expedite the case. The application for discharge if any pending shall be dealt with as per law.

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Sd/-

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V.CHITAMBARESH JUDGE

Sd/-

SKS/18.3.2019

A.M.BABU

JUDGE

OP(KAT).No. 27 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF JUDGMENT IN OA (EKM) NO 2178/2018 DATED 22.11.2018 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL ERNAKULAM

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EXHIBIT P2 TRUE COPY OF OA (EKM) NO 2178/2018

Raveendran a.K, v. the State of Kerala

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Raveendran a.K, v. the State of Kerala

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