Dismissed

The State of Kerala v. G.Indirakumari

Kerala HC2 Nov 2020OP(KAT)/299/2020

Case brief

AI extract

What is this about?

The High Court dismissed an original petition challenging the Kerala Administrative Tribunal's order directing the respondent to pay DCRG and interest, deeming admission unnecessary due to a Full Bench decision. The Government's right to challenge the order in a separate pending contested case was reserved.

What did the court decide?

Original petition dismissed confirming the Tribunal order.

The State of Kerala Vs G.Indirakumari — Pension and Retirement Benefits | Kerala HC (2020)

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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 A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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MONDAY, THE 02ND DAY OF NOVEMBER 2020 / 11TH KARTHIKA, 1942

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OP(KAT).No.299 OF 2020

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AGAINST THE ORDERIN OA 173/2019 DATED 08-11-2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS/RESPONDENTS IN O.A.:

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

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2 THE DIRECTOR OF SURVEY AND LAND RECORDS, VAZHUTHACADU, THIRUVANANTHAPURAM, PIN-695 014.

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BY SRI.P.N.SANTHOSH, SR.GOVERNMENT PLEADER

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RESPONDENT/APPLICANT IN O.A.:

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G.INDIRAKUMARI, AGED 57 YEARS W/O.MURALEEDHARAN, RETIRED SUPERINTENDENT, OFFICE OF THE ASSISTANT DIRECTOR OF RE-SURVEY, THIRUVANANTHAPURAM, PIN-695 121, RESIDING AT VRINDAVANAM, TC 7/1818-1, SREE CHITHRA NAGAR-C/18/1, PANGODE, THIRUMALA, THIRUVANANTHAPURAM, PIN-695 006.

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R1 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR

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OTHER PRESENT:

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 02.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(KAT).No.299 OF 2020

JUDGMENT

Shaffique, J

The original petition has been filed by the State Government challenging order dated 08.11.2019 in O.A. No.173/2019. The applicant/the respondent herein, who had retired from service on 31.08.2017, had approached the Kerala Administrative Tribunal, seeking directions to release the DCRG and other retirement benefits. The Tribunal after considering the respective contentions of the parties observed that insofar as no departmental proceedings except Annexure-A4 was pending against the applicant, there was no reason to withhold the DCRG. Accordingly, direction had been issued to the first respondent to pay the DCRG within three months from the date of receipt of the certified copy of the order along with interest @ 7% from 01.12.2017 till the date of payment. It is brought to our notice that a full bench of this Court in K.Chandran v. Local Self Government Department [2020 (5) KLT 669] has struck off the latter part of the Rule 3A of Part III KSR. The facts of this case clearly applies to the factual aspects involved in O.P.(KAT) No.428/2019 decided by the Full Bench of this Court. Having regard to the aforesaid factual situation, we do not

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OP(KAT).No.299 OF 2020

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find it necessary to admit the original petition.

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The learned Government Pleader, however, submits that yet

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another case was decided along with O.A.173/2019 as O.A.No.208/2017 wherein the applicant has challenged an enquiry report and show cause notice issued against her. It is submitted that the Government has valid contentions in the said case and, therefore, opportunity should be given to prosecute the said matter further. It is submitted that, so far, no challenge has been made, but the right of the Government should be reserved. We, therefore, reserve the right of the Government to challenge the order in O.A.No.208/2017 while dismissing the present original petition.

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In the result, this original petition is dismissed confirming the order passed by the Tribunal in O.A.No.173/2019 without prejudice to the right of the Government to proceed against the respondent herein in accordance with the procedure prescribed.

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Sd/A.M.SHAFFIQUE, JUDGE

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sd/GOPINATH P., JUDGE

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AMV/03/11/2020

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OP(KAT).No.299 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE O.A.NO.173/2019 ALONG WITH EXHIBITS BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL.

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ANNEXURE A1 TRUE COPY OF THE MEMO OF CHARGE AND THE STATEMENT OF ALLEGATIONS ISSUED TO THE APPLICANT. ANNEXURE A2 TRUE COPY OF THE G.O.(RT) NO.1477/2012/REVENUE DATED 16.3.2012. ANNEXURE A3 TRUE COPY OF THE RELEVANT EXTRACT OF THE REPORT PREPARED ON 1.10.2013 BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTICORRUPTION BUREAU, SOUTHERN RANGE, THIRUVANANTHAPURAM. ANNEXURE A4 TRUE COPY OF THE SHOW CAUSE NOTICE NO.5020/F2/14/RD DATED 23.9.2014 ISSUED BY THE 1ST RESPONDENT. ANNEXURE A5 TRUE COPY OF THE ADDITIONAL OBJECTION DATED 14.12.2016. ANNEXURE A6 TRUE COPY OF THE INTERIM ORDER DATED 27.3.2018 IN O.A.208/2017. ANNEXURE A7 TRUE COPY OF THE G.O.(RT) NO.6074/11/RD DATED 16.12.2011. ANNEXURE A8 TRUE COPY OF THE LETTER NO.P02/PENA/144/OK/07-08/273 DATED 16.5.2007 OF THE SENIOR ACCOUNTS OFFICER, ADDRESSED TO THE DIRECTOR OF SURVEY AND LAND RECORDS, ADMITTING THE PENSIONARY BENEFITS DUE TO SMT.PRASANNAKUMARI AMMA C. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 19.8.2019 FILED BY THE FIRST PETITIONER BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL. EXHIBIT P3 TRUE COPY OF THE REJOINDER ALONG WITH ANNEXURES DATED 4.12.2019 FILED BY THE RESPONDENT. ANNEXURE A9 TRUE COPY OF THE REPORT DATED

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OP(KAT).No.299 OF 2020

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25.10.2004 ALONG WITH THE SKETCH AND PLAN PREPARED BY THE APPLICANT AFTER INSPECTING THE SITE.

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ANNEXURE A10	TRUE THE	COPY APPLIC	OF THE ANT FOR	DIARY MAINTAINED BY SEPTEMBER 2004.
ANNEXURE A11	TRUE	COPY	OF THE	DIARY MAINTAINED BY
	THE NOVE	APPLI MBER 2	CANT F 004.	OR THE MONTH OF
ANNEXURE A12	TRUE	COPY	OF THE	SKETCH, PREPARED BY
	THE	SUP	ERINTEND	ENT OF SURVEY,
	PERT NO.3 VILL	AINING 42 OF AGE IN	TO TH BLOCK 22 GENERAL	E PROPERTY IN SY. OF KUDAPPANAKKUNNU AND SY.NO.342/3.
ANNEXURE A13	TRUE DATE	COPY D 10.	OF TH 11.2016	E LETTER NO.470/16 OF THE VILLAGE
	OFFI ONE	CER, K ADV.D.	UDAPPANA PRAKASH.	KUNNU, ADDRESSED TO
EXHIBIT P4	CERT KERA 8.11	IFIED LA ADM .2019.	COPY OF INISTRAT	THE ORDER OF THE IVE TRIBUNAL DATED

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RESPONDENTS EXHIBITS : NIL

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TRUE COPY P.A.TO JUDGE

The State of Kerala v. G.Indirakumari

Case brief

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The State of Kerala v. G.Indirakumari

Case brief

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