Review petition dismissed; Government directed not to withdraw pension already granted to petitioner. Court emphasized public money misuse if benefits granted to ineligible persons.
Government directed not to withdraw pension already granted and to continue payment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941
RP.No.1163 OF 2019
JUDGMENT IN OP(KAT) 1517/2013(Z) OF HIGH COURT OF KERALA DATED 1.11.2019
REVIEW PETITIONER/S:
M.JAYACHANDRAN AGED 62 YEARS SON OF KUNHIRAMAN, OVERSEER GRADE II (ELECTRICAL) (RETIRED)
HARBOUR ENGINEERING DEPARTMENT, BEYPORE (RESIDING AT METHARI HOUSE, EDAKKULAM, KOYILANDY 673 306, KOZHIKODE DISTRICT)
BY ADV. SRI.V.A.MUHAMMED
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HARBOUR ENGINEERING DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
OTHER PRESENT:
SR.GP SRI.P.N.SANTHOSH
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 05.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 5th day of December 2019
K.VINOD CHANDRAN, J.
The review petition has been filed on the ground that while the original petition was pending before this Court, the petitioner had been granted pension by the Government.
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entitled to a benefit and whose claim before the Tribunal also stood declined in 2012 prior to the order passed sanctioning pension in the year 2016. We are not inclined to review the judgment as such.
However, we are of the opinion that the Government
having granted pension to the petitioner, the judgment need not stand in the way of the continued pension being granted to him. Hence, the review petition is dismissed, making it clear that the Government shall not withdraw the pension already granted to the petitioner and shall continue to pay him the same. A copy of the judgment shall be sent to the
Chief Secretary, State of Kerala.
Sd/K.VINOD CHANDRAN
JUDGE
Sd/-
JUDGE
Scl/ 5.12 x
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I COPY OF THE G.O(RT) NO. NO. 212/16/F AND P DEPT. DATED 03-03-2016 OF THE GOVERNMENT.
M.JAYACHANDRAN
THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT
THE CHEIF ENGINEER, HARBOUR ENGINEERING DEPARTMENT
THE EXECUTIVE ENGINEER, HARBOUR ENGINEERING DEPARTMENT
K.VINOD CHANDRAN
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
