Disposed

T.R. Komalan, v. the Secretary, Travancore Devaswom Board Office

Kerala HC22 Sept 2021WP(C)/11966/2021

Case brief

AI extract

What is this about?

Petitioner retired full time watcher from Travancore Devswom Board. Court closed writ petition challenging letters demanding return of allegedly excessive benefits, reseling right to seek relief on interest regarding delayed payment of pension and salary except DCRG.

What did the court decide?

Writ petition closed; right of petitioner to seek appropriate relief regarding interest on delayed payment reserved.

T.R. Komalan, Vs the Secretary, Travancore… — 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 MR. JUSTICE SUNIL THOMAS

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WEDNESDAY, THE 22^ND DAY OF SEPTEMBER 2021 / 31ST BHADRA, 1943

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WP(C) NO. 11966 OF 2021

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PETITIONER/S:

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T.R. KOMALAN, AGED 56 YEARS S/O.RAMAN, KUZHIYATHU VEEDU, PADUKOTTUKKAL, THATTAYIL P.O.,PIN-691525, PATHANAMTHITTA DISTRICT.

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BY ADVS. B.KRISHNA KUMAR DINESH THANKAPPAN A.CHANDRA BABU

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RESPONDENT/S:

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1 THE SECRETARY, TRAVANCORE DEVASWOM BOARD OFFICE NANTHANCODE, THIRUVANANTHAPURAM-695033.

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2 THE COMMISSIONER TRAVANCORE DEVASWOM BOARD OFFICE, NANTHANCODE, THIRUVANANTHAPURAM-695033.

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3 THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD OFFICE, ARANMULA, ARANMULA P.O., PATHANAMTHITTA DISTRICT-689533.

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4 THE ASSISTANT DEVASWOM ACCOUNTS OFFICER TRAVANCORE DEVASWOM BOARD OFFICE, AMBALAPUZHA, ALAPPUZHA DISTRICT-688561.

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OTHER PRESENT:

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SC,SRI.C.K PAVITHRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 11966 OF 2021

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JUDGMENT

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The petitioner retired as a full time watcher from the

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service of the Devaswom Board on 31.05.2020. Aggrieved

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by the refusal of the various benefits due to him, he approached this court by filing Writ Petition No.12421 of 2021. It was allowed by Ext.P4 judgment, directing the second respondent -Commissioner of the Board to dispose of Ext.P3 representation in the light of State of Punjab and

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Others Vs Rafiq Masih (White Washer) and Others (2015) 4 SCC 334. It seems that thereafter decision was taken. However, Ext.P5 and Ext.P6 letters were issued to him calling upon him to return the amount stated to be excessively received by him. Challenging Ext.P5 and Ext.P6, the petitioner has approached this court.

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The learned standing counsel for the Devaswom Board on instructions submitted that Ext.P5 and Ext.P6 have became redundant and ineffective by virtue of Ext.P7

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WP(C) NO. 11966 OF 2021

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proceedings of the Devaswom Commissioner, pursuant to the judgment of this court in Writ Petition No.12421 of 2021 dated 03.03.2021. By the above proceedings, the petitioner was granted protection to the higher grade and his prayer accordingly in his representation dated 07.03.2020 was allowed. It was informed that the salary payable to him will be refixed and pension will also be accordingly decided. The learned standing counsel for the Devaswom Board submitted that according to his instructions, revised pay order has been issued and entire salary except DCRG due to the petitioner will be paid to him on 24.09.2021. He shall contact the office accordingly. The entire DCRG amount due to him shall be paid on compliance with the directions in Ext.P8.

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Considering the reliefs sought in this Writ Petition, I

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am not going into the question whether the petitioner is entitled to any interest on the delayed payment except DCRG, in the light of the State of Punjab and Others's case (supra). Accordingly, the Writ Petition is closed,

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WP(C) NO. 11966 OF 2021

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reserving the right of the petitioner to seek appropriate relief

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in accordance with law regarding the interest claimed by him.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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'Ext.P8' mentioned in the last sentence of paragraph 2 in

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page 3 of the judgment dated 22/09/2021 in WP(C)11966/2021 is corrected as 'Ext.P7' as per order dated 25/10/2021 in I.A.No.3/2021 in WP(C)11966/2021.

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Sd/-

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JOINT REGISTRAR

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WP(C) NO. 11966 OF 2021

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APPENDIX OF WP(C) 11966/2021

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PETITIONER EXHIBITS

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Exhibit P1	THE TRUE COPY OF THE MEMO VIDE ROC NO.41/93/MIS. DATED 02.06.1993 ISSUED BY THE 2ND RESPONDENT THE DEVASWOM COMMISSIONER.
Exhibit P2	THE TRUE COPY OF THE LETTER VIDE ROC.6/87/AUDIT, DATED 02.03.2020 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.
Exhibit P3	THE TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 2ND RESPONDENT DATED 07.03.2020.
Exhibit P4	TRUE COPY OF THE JUDGMENT DATED 03.03.2021 IN WPC 12421/2021 BY THIS HON'BLE COURT.
Exhibit P5	TRUE COPY OF THE LETTER VIDE NO.R.O.C.NO.2730/21/MIS.1 DATED 17.04.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
Exhibit P6	TRUE COPY OF THE LETTER DATED 29.04.2021 VIDE NO.1196 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

T.R. Komalan, v. the Secretary, Travancore Devaswom Board Office

Case brief

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T.R. Komalan, v. the Secretary, Travancore Devaswom Board Office

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