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Sethumadhavan T v. State of Kerala

Kerala HC8 Oct 2021WP(C)/11499/2021

Case brief

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What is this about?

The High Court of Kerala directed the Kerala Water Authority to expeditiously disburse the commuted pension value to retired employees based on seniority, ensuring necessary funds are secured from the Government.

What did the court decide?

Directed Respondents 2 and 3 to disburse the commuted value of pension expeditiously in accordance with seniority and secure necessary funds from the Government.

Sethumadhavan T Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 8^TH DAY OF OCTOBER 2021 / 16TH ASWINA, 1943 WP(C) NO. 11499 OF 2021

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PETITIONERS:

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1 SETHUMADHAVAN T AGED 58 YEARS (SENIOR METER INSPECTOR, KERALA WATER AUTHORITY, DISTRIBUTION SUB DIVISION NO.I/II, WEST HILL, KOZHIKODE RETIRED ON 31.07.2018), RESIDING AT 'MADHAVAM' 38/2004-B, KELACHAN KATTIL PARAMB, KUNDUPARAMB, EDAKAD (PO), KOZHIKODE, PIN-673005.

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2 SABIK A.K., (LINEMAN (HG), KERALA WATER AUTHORITY, DISTRIBUTION SUB DIVISION NO.I/II, WEST HILL, KOZHIKODE RETIRED ON 30.06.2018), RESIDING AT LENEN'S VILA, HOUSE NO.11/761, CHATHANKULANGARA PARAMB, POOLAKADAVU, AMMOTH ROAD, MERIKUNNU, KOZHIKODE, PIN-673012.

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3 MOOSAKUTTY M.P.,

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(SENIOR METER INSPECTOR, KERALA WATER AUTHORITY, DISTRIBUTION SUB DIVISION NO.II, SAROVARAM (PO), CIVIL STATION, KOZHIKODE RETIRED ON 31.07.2019), RESIDING AT SAFAR MAHAL, KATHIROD ROAD, PARAPPANPAYIL, THAMARASSERY, KOZHIKODE, PIN-673573.

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4 RADHAKRISHNAN VAYANOTH, (HEAD OPERATOR (HG), KERALA WATER AUTHORITY, HEAD WORKS SUB DIVSISION, PERUVANNAMUZHI (PO), KOZHIKODE RETIRED ON 31.07.2018), RESIDING AT VAYANOTH HOUSE, KOLATHUR (PO), ATHOLI (VIA), KOZHIKODE, PIN-673315.

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5 RATNAKUMAR P.K., (HEAD FITTER, KERALA WATER AUTHORITY, DISTRIBUTION SUB DIVISION NO.I, WEST HILL, KOZHIKODE RETIRED ON 30.04.2019), RESIDING AT THODUMANA, ELATHUR (PO), KOZHIKODE, PIN-673303.

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BY ADV K.P.RAJEEVAN

WPC NO.11499 OF 2021

RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, WATER RESOURCES (WATER SUPPLY-C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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2 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM, PIN-695033.

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3 FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM, PIN-695033.

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BY ADVS. SRI. V. VENUGOPAL, GP SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY MARY BENJEMIN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC NO.11499 OF 2021

JUDGMENT

Dated this the 08^th day of October, 2021

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The petitioners are retired employees of Kerala Water

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Authority. Alleging that there is considerable delay in the disbursement of the commuted value of pension, the petitioners have approached this court. The petitioners contend that Ext.P1 to Ext.P5 disclose that the commuted value of the pension has been sanctioned to them.

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After hearing the learned Counsel for the petitioner and the learned Standing Counsel for the Kerala Water Authority, I am inclined to dispose of the Writ Petition itself directing respondents 2 and 3 to disburse the commuted value of pension, as expeditiously as possible, strictly in accordance with seniority. Kerala Water Authority shall take necessary steps to get sufficient funds from the Government.

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The Writ Petition is accordingly, disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/8-10

WPC NO.11499 OF 2021

APPENDIX OF WP(C) 11499/2021

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PETITIONERS' EXHIBITS:

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EXHIBIT	P1 A TRUE COPY OF ORDER NO. KWA/AO(ESTT)/PEN:9568/COM:(NON MEDICAL)/8625 DATED 22.09.2018 SANCTIONING COMMUTED VALUE OF PENSION TO THE 1ST PETITIONER.
EXHIBIT	P2 A TRUE COPY OF ORDER NO. KWA/AO(ESTT)/PEN:9528/COM:(NON MEDICAL)/8587 DATED 12.07.2018 SANCTIONING COMMUTED VALUE OF PENSION TO THE 2ND PETITIONER.
EXHIBIT	P3 A TRUE COPY OF ORDER NO. KWA/AO(ESTT)/PEN:9981/COM:(NON MEDICAL)/9018 DATED 25.09.2019 SANCTIONING COMMUTED VALUE OF PENSION TO THE 3RD PETITIONER.
EXHIBIT	P4 A TRUE COPY OF ORDER NO. KWA/AO(ESTT)/PEN:9671/COM:(NON MEDICAL)/8723 DATED 21.12.2018 SANCTIONING COMMUTED VALUE OF PENSION TO THE 4TH PETITIONER.
EXHIBIT	P5 A TRUE COPY OF ORDER NO. KWA/AO(ESTT)/PEN:9980/COM:(NON MEDICAL)/9017 DATED 30.01.2020 SANCTIONING COMMUTED VALUE OF PENSION TO THE 5TH PETITIONER.
EXHIBIT	P6 A TRUE COPY OF G.O(RT) NO.33/2021/WRD DATED 19/1/2021
EXHIBIT	P7 A TRUE COPY OF G.O(RT) NO.101/2021/WRD DATED 12/2/2021
EXHIBIT	P8 A TRUE COPY OF G.O(RT) NO.386/2021/WRD DATED 23/7/2021

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RESPONDENTS' EXHIBITS: NIL

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TRUE COPY

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P.A.TO JUDGE

Sethumadhavan T v. State of Kerala

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Sethumadhavan T v. State of Kerala

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