The High Court allowed the original petition in part, declaring Rule 3A unconstitutional. DCRG is directed to be released within four weeks, though actual pension remains withheld until criminal proceedings conclude.
DCRG to be released to petitioner within four weeks; right to recover any amount reserved.
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 A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942
OP(KAT).No.427 OF 2020
AGAINST THE ORDER DATED 5.12.2017 IN OA 914/2012 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
DAMODARAN NAIR M.K AGED 63 YEARS S/O LATE M S KESAVAN NAIR, PAVITHRAM, KOPPANDASSERY, MARADU P O, KOCHI PIN-682304.
BY ADV. SRI.BIJU MARTIN
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRIVANANTHAPURAM, PIN695001.
2 DIRECTOR OF AGRICULTURE DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPRUAM, PIN-695001.
3 ACCOUNTANT GENERAL (A & E) KERALA, OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM, PIN-695039.
SRI. T. RAJASEKHARAN NAIR- SR. G.P.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 07.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O.P.(KAT).No.427/2020
JUDGMENT
Dated this the 7th day of December, 2020
Shaffique, J
Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing on behalf of the respondents.
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O.P.(KAT).No.427/2020
the petitioner cannot be withheld in terms of Rule 3A of Part III KSR. Since criminal cases are pending in terms of Rule 3, the petitioner will be entitled only for provisional pension and the actual pension, if any, will be payable only after the conclusion of proceedings that are pending consideration.
In the result, we allow the original petition in part and direct the respondents to pay the DCRG to the petitioner, of course, with right to recover any amount from the petitioner by taking appropriate proceedings in accordance with law. The DCRG shall be released to the petitioner within a period of four weeks from the date of receipt of a copy of this judgment.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
kp
True copy
JUDGE
P.A. To Judge
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APPENDIX:
PETITIONER'S EXHIBITS
| EXHIBIT P1 | TRUE COPY OF | THE | OA NO. | 914/2012. |
|---|---|---|---|---|
| ANNEXURE A1 | TRUE COPY OF 17/11/2003. |
THE | GO(RT) | NO.1546/03/AD DATED |
| ANNEXURE A2 | TRUE COPY OF 21/02/2005. |
THE | GO(RT) | NO. 252/05/AD DATED |
| ANNEXURE A3 | TRUE COPY OF 10/08/2009. |
THE | GO(RT) | NO.1391/09/AD DATED |
| ANNEXURE A3(A) | TRUE COPY OF 04/02/2012. |
THE | GO(RT) | NO.287/12/AD DATED |
| ANNEXURE A4 | TRUE COPY OF DATED 31/03/ AGRICULTURAL |
THE 2011 OFFI |
ORDER OF THE CER, P |
NO. E(1)11159/2008 PRINCIPAL ALAKKAD. |
| ANNEXURE A5 | TRUE COPY OF DATED 18/07/ |
THE 2011. |
GO(RT) |
NO.1307/2011/AD |
| ANNEXURE A6 | TRUE COPY OF 10/08/2011. |
THE | REPRES | ENTATION DATED |
| ANNEXURE A7 | TRUE COPY OF DATED 22/12/ AGRICULTURAL |
THE 2011 OFFI |
LETTER OF THE CER, W |
NO.E(2)9450/11 PRINCIPAL AYANAD. |
| EXHIBIT P2 | TRUE COPY OF OA NO.914/20 |
THE 12. |
ORDER | DATED 19/07/2012 IN |
| EXHIBIT P3 | TRUE COPY OF THE 1ST RESP NO.914/2012. |
THE ONDEN |
REPLY T DATE |
STATEMENT FILED BY D 27/07/2012 IN OA |
| ANNEXURE R2(A) | TRUE COPY OF STATEMENT AL |
THE LEGAT |
MEMO O ION. |
F CHARGES AND |
| ANNEXURE R2(B) | TRUE COPY OF 16/06/2008. |
THE | SHOW C | ASUE NOTICE DATED |
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O.P.(KAT).No.427/2020
ANNEXURE R2(C) TRUE COPY OF THE LETTER NO. VC9/PKD DATED 26/07/11 OF DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, PALAKKAD. ANNEXURE R2(D) TRUE COY OF THE LETTER NO.VC9/11/PKD DATED 03/01/2012. ANNEXURE R2(E) TRUE COPY OF THE LETTER NO. SVC (1)45070/02 OF THE DIRECTOR OF AGRICULTURE. ANNEXURE R2(F) TRUE COPY OF THE LETTER NO.SVC(1)45070/02 DATED 03/05/2012 DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. EXHIBIT P4 TRUE COPY OF THE STATEMENT FILED BY THE 1ST RESPONDENT DATED 03/08/2012 IN OA NO.914/2012. EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT WITH PETITION DATED 25/08/2012 FILED BY THE RESPONDENTS IN OA NO.914/2012. EXHIBIT P6 TRUE COPY OF THE ORDER IN OA NO.914/2012 DATED 05/12/2017. EXHIBIT P7 TRUE COPY OF THE JUDGMENT REPORTED IN ILR 2020(4) KERALA, 102.
2 issues framed by the court
Whether DCRG can be withheld under Rule 3A of Part III KSR after a Full Bench declared the provision unconstitutional.
Whether unitary pension or discharge certificate release is permissible while criminal proceedings against the petitioner are pending.
Colour shows how this judgement treated each authority
State of Kerala & Another v. R. Muraleedharan NairReferred¶2
State of Kerala & Another v. R. Muraleedharan Nair (2015 (3) KLT 755)
Chandran K. v. The Secretary, LSGD & OthersApplied¶2
Chandran K. v. The Secretary, LSGD & Others (ILR 2020 (4) Kerala 102) · Who else cites this
2 provisions across 1 enactments
DAMODARAN NAIR M.K
STATE OF KERALA
DIRECTOR OF AGRICULTURE
ACCOUNTANT GENERAL (A & E) KERALA
A.M. SHAFFIQUE
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
