Disposed

The Secretary v. the Commissioner of Excise

Kerala HC27 Sept 2021WP(C)/13296/2021

Case brief

AI extract

What is this about?

The Supreme Court (High Court of Kerala) accepted the respondent's affidavit as consent to debit pension benefits towards outstanding loan dues of a cooperative society and ordered immediate disbursement of the balance.

What did the court decide?

Directed the 4th respondent's affidavit to be treated as consent to deduct petitioner society's dues from retirement benefits; remaining benefits to be disbursed without delay.

The Secretary Vs the Commissioner of Excise — 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 SATHISH NINAN

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MONDAY, THE 27^TH DAY OF SEPTEMBER 2021 / 5TH ASWINA, 1943

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WP(C) NO. 13296 OF 2021

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PETITIONER:

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THE SECRETARY

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VALLICODE SERVICE CO-OPERATIVE BANK LIMITED NO 61, VALLICODE P.O.PATHANAMTHITTA DISTRICT, PIN-689 648 BY ADV O.D.SIVADAS

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RESPONDENTS:

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1 THE COMMISSIONER OF EXCISE EXCISE HEAD QUARTERS, VIKAS BHAVAN P.O.NANDAVANAM, THIRUVANANTHAPURAM, PIN-695 033.

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2 THE DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE, PATHANAMTHITTA, PIN-695 033.

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3 THE PRINCIPAL ACCOUNTANT GENERAL (A&E) KERALA, INDIAN AUDIT AND ACCOUNTS DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.

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4 RAJASEKHARAN N, S/O NARAYANAN ACHARI, MURUPPEL KIZHAKKEMURIYIL, VALLICODE P.O.PATHANAMTHITTA, PIN-689 648.

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BY ADVS. M.B.SHYNI RAJESH KUMAR R. PAREETH LUTHUFIN K.B. V.R.ANILKUMAR RAMEES P.K.

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BY SMT.SHEEJA C.S., SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.13296 of 2021

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= = = = = = = = = = = = = = = = = = Dated this the 27^th day of September, 2021

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J U D G M E N T

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The 4^th respondent, while working as an Excise

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Inspector, availed loans from the petitioner Society.

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Consequent on default in repayment, the petitionerSociety filed ARCs. Exts.P1 to P9 are the awards passed by the Arbitrator. The petitioner has approached this Court contending that the 4^th respondent has retired from his service and is taking hasty steps to get disbursal of the retirement benefits, and seeks for a direction not to disburse the same without clearing the dues payable to the petitioner.

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The 4^th respondent has filed an affidavit before

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this Court, dated 13.09.2021; Paragraph 7 of the affidavit reads thus:-

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“It is respectfully submitted that, my pensionery benefit in DCRG Rs.1326479, commuted value of the pension Rs.17,86,612, I will clear all the dues

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W. P. (C) No.13296 of 2021

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-: 2 :-

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to the petitioners society immediately after receiving the retirements benefits from the employer, or in the alternative I need be paid by

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the balance amount after clearing my debt .”

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So also last sentence in paragraph 9 of the

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affidavit reads thus:-

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“This Hon'ble Court can also direct the authority to disburse the amount after deducting liability to the petitioner society, without any more delay.”

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The petitioner has thus consented for recovery

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of his dues with the petitioner Society, from the DCRG.

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It is accordingly ordered that, the affidavit

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sworn to before this Court shall be taken as consent given by the 4^th respondent in terms of Ruling number 1 to Rule 3 of Part III KSR. After deducting the dues payable to the petitioner, the remaining benefits payable shall be disbursed to the 4^th respondent without further delay.

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W. P. (C) No.13296 of 2021

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-: 3 :-

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Writ Petition is disposed of as above.

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Sd/-

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SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 13296/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY NO 264 OF	OF THE 2021	AWARD DATED 25.2.2021 IN ARC
Exhibit P2	TRUE COPY NO 265 OF	OF THE 2021	AWARD DATED 25.2.2021 IN ARC
Exhibit P3	TRUE COPY NO 276 OF	OF THE 2021	AWARD DATED 25.2.2021 IN ARC
Exhibit P4	TRUE COPY NO 277 OF	OF THE 2021	AWARD DATED 25.2.2021 IN ARC
Exhibit P5	TRUE COPY NO 279 OF	OF THE 2021	AWARD DATED 25.2.2021 IN ARC
Exhibit P6	TRUE COPY NO 280 OF	OF THE 2021	AWARD DATED 26.2.2021 IN ARC
Exhibit P7	TRUE COPY NO 282 OF	OF THE 2021	AWARD DATED 26.2.2021 IN ARC
Exhibit P8	TRUE COPY NO 283 OF	OF THE 2021	AWARD DATED 26.2.2021 IN ARC
Exhibit P9	TRUE COPY NO 284 OF	OF THE 2021	AWARD DATED 26.2.2021 IN ARC
Exhibit P10	TRUE COPY	OF	THE REQUEST DATED 8.4.2021
	SUBMITTED RESPONDENT	BY T WITH	HE PETITIONER TO THE 1ST ACKNOWLEDGMENT
Exhibit P11	TRUE COPY	OF T	HE REQUEST DATED 14.6.2021
	SUBMITTED RESPONDENT	BY T	HE PETITIONER TO THE 1ST

The Secretary v. the Commissioner of Excise

Case brief

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The Secretary v. the Commissioner of Excise

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