Petitioner challenged non-disbursement of pension due to police intimation regarding criminal allegations. Standing Counsel confirmed pension is now being paid. Court found it unnecessary to pass further orders as the grievance appears resolved.
Petition closed without passing further orders having been satisfied that pension is now being paid.
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 DEVAN RAMACHANDRAN
WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942
WP(C).No.14322 OF 2020(M)
PETITIONER:
SHAMSEER M.F. AGED 57 YEARS MUTHARATHIPARAMBIL HOUSE, KALLETTUMKARA P.O., THRISSUR DISTRICT, RETIRED OPERATOR HG II, KERALA WATER AUTHORITY.
BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH
RESPONDENTS:
1 KERALA WATER AUTHORITY JALA BHAVAN, THIRUVANANTHAPURAM, PIN-693 033, REP BY THE MANAGING DIRECTOR.
R1-3 BY SRI.MILLU DANDAPANI, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No.14322 OF 2020(M)
JUDGMENT
Dated this the 9th day of September 2020
The petitioner complains that his monthly
pension is not been disbursed by the Kerala Water Authority on account of Ext.P2 communication issued by the 2nd respondent Accounts Officer of the said Authority.
the following have been clearly stated:-
“ The petitioner's monthly pension was withheld w.e.f. 1.4.2020 as per the letter issued by the Superintendent of Police, Crime Branch Central UnitIII, Kozhikode dtd.16.03.2020 which was intimated to the petitioner vide Ext.P2. The petitioner was also at liberty to approach the Crime Branch to settle the issue and redress his grievance. However, this respondent has not received any representation till date pertaining to the said issue. It is humbly submitted that this respondent authority has no intention to withhold the pension of the petitioner and issuance of the Ext.P2 was only based on the intimation of the police authorities regarding a Crime registered against the petitioner related to Cr.No.157/CBCUIII/KKD/17 to Cr.No.335/CBCUIII/KKD/17 u/s 406, 409, 420 & 34 IPC and 3,4,5 of PCMS (Banning) Act and Sec.5 of the KPIDFE Act.”
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WP(C).No.14322 OF 2020(M)
Sri.Shaju Purushothaman, learned counsel for the
petitioner, also concedes that his client is now receiving the monthly pension, I do not deem it necessary to pass any further orders in this writ petition and to therefore close it; however recording the aforesaid submissions of Sri.Millu Dandapani and the above extracted averments in the statement of the Kerala Water Authority.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
hmh
4 WP(C).No.14322 OF 2020(M)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER IN BA.NO.9053/2017 DT.23/1/2018. EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION BEARING NO.KWA/HO/PDC/P5 RTI/6621/2018 ISSUED BY THE 2ND RESPONDENT DATED 20/3/20.
RESPONDENT'S/S EXHIBITS: NIL
1 issue framed by the court
Whether the petitioner's pension was lawfully withheld by the Kerala Water Authority pending resolution of criminal allegations against him.
3 provisions across 1 enactments
Shamsheer M.F.
Kerala Water Authority
The Accounts Officer Kerala Water Authority
The Assistant Executive Engineer Kerala Water Authority
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
