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G.Vincent v. State of Kerala

Kerala HC4 Feb 2021WP(C)/1169/2021

Case brief

AI extract

What is this about?

The Court directed the Regional Deputy Director to release admitted retirement benefits to retired petitioners within three weeks. Pending questions regarding liabilities are to be addressed in separate proceedings. Parents must produce documents for Leave Surcharge.

What did the court decide?

Order directed to the 3rd respondent to release admitted retirement benefits within three weeks and require petitioners to produce documents for Earned Leave surrender amounts.

G.Vincent Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

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WP(C).No.1169 OF 2021(U)

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PETITIONERS:

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1 G.VINCENT AGED 58 YEARS

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PRINCIPAL (RETD.), K.K.M HIGHER SECONDARY SCHOOL, VANDITHAVALAM, RESIDING AT KUNDALAKULAMBU KALAM, MUTHALAMADA P.O, PALAKKAD DISTRICT.

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2 R. BHAGYANATHAN AGED 56 YEARS

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PRINCIPAL-IN-CHARGE(RETD.), C.A. HIGHER SECONDARY SCHOOL, PERUVAMBA P.O, PALAKKAD DISTRICT.

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BY ADV. DR.GEORGE ABRAHAM

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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2 DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM - 695014.

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3 THE REGIONAL DEPUTY DIRECTOR DIRECTORATE OF HIGHER SECONDARY EDUCATION, MALAPPURAM - 682026.

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SRI.NISHA BOSE, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1169 OF 2021

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JUDGMENT

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Dated this the 4^th day of February 2021

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Heard the learned counsel for the petitioners and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioners that the 1^st petitioner has retired from service on 30.04.2019 and the 2^nd petitioner on 31.05.2020. It is submitted that on the ground that audit had not been completed, the retirement benefits due had not been disbursed. It is submitted that Exts.P2 and P5 undertakings have been submitted by the petitioners in accordance with Ext.P1 Government Order dated 27.05.2020.

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The learned Government Pleader, on instructions, submits that there are certain liabilities fixed by the C-Apt in respect of the petitioners with regard to the text book sales in the school. It is further submitted that the liabilities have been informed to the petitioners as well. In the case of the 1^st petitioner, it is submitted that there is a recovery ordered with regard to increments drawn which is under challenge in W.P.(C). No.23642/2018.

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Having considered the contentions advanced, I am of the

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WP(C).No.1169 OF 2021

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opinion that in view of Exts.P2 and P5 undertakings given by the petitioners, the admitted amounts due as terminal benefits are liable

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to be released to the petitioners. The questions with regard to liability as well as recovery can be considered in appropriate proceedings at the instance of the petitioners. In any view of the matter, since the petitioners have retired from service in 2019 and 2020 respectively, the admitted dues cannot be withheld any further.

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In the result, there will be a direction to the 3^rd respondent to take immediate steps to see that the admitted retirement benefits due to the petitioners less the liabilities, if any, are released, at the earliest, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. With regard to the Earned Leave surrender amounts, the petitioners shall produce all documents as sought for by the 3^rd respondent and the said amount shall also be released without delay.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.1169 OF 2021

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE GOVERNMENT ORDER GO(P) NO.67/2020/FIN. DATED 27.05.2020.
EXHIBIT P2	TRUE COPY OF THE UNDERTAKING EXECUTED BY THE 1ST PETITIONER.
EXHIBIT P3	TRUE COPY OF THE ORDER DATED 01.09.2020 ISSUED BY THE INDIAN AUDIT AND ACCOUNTS DEPARTMENT IN FAVOUR OF THE 1ST PETITIONER.
EXHIBIT P4	TRUE COPY OF THE ORDER ISSUED BY INDIAN AUDIT AND ACCOUNTS DEPARTMENT DATED 28.08.2020 TO THE 2ND PETITIONER.
EXHIBIT P5	TRUE COPY OF THE COVERING LETTER ISSUED BY THE PRINCIPAL ALONG WITH UNDERTAKING EXECUTED BY THE 2ND PETITIONER.

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RESPONDENT'S/S EXHIBITS: NIL

G.Vincent v. State of Kerala

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G.Vincent v. State of Kerala

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