Disposed

G .Suresh v. Kerala State Sports Council

Kerala HC8 Nov 2021WP(C)/18773/2021

Case brief

AI extract

What is this about?

High Court of Kerala directed the Kerala State Sports Council to consider the petitioner's representation for release of terminal benefits and pension after it retired with only a nominal pension following conditional reinstatement.

What did the court decide?

Directed the third respondent to forward representations to the first respondent for merits disposal on a contingency of payment order quantum within one month and pay the total due within three month

G .Suresh Vs Kerala State Sports Council — 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 MONDAY, THE 8^TH DAY OF NOVEMBER 2021 / 17TH KARTHIKA, 1943 WP(C) NO. 18773 OF 2021

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PETITIONER:

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1 G. SURESH AGED 56 YEARS S/O. K.GANESHAN, U.T TYPIST, RETIRED FROM THE SERVICE OF KERALA SPORTS COUNCIL, HEAD OFFICE, THIRUVANANTHAPURAM, PIN - 695001, RESIDING AT THEVALLY HARIPADAM, PVCRA 100, THEVALLY, KOLLAM – 691009.

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BY ADVS. M.V.THAMBAN R.REJI THARA THAMBAN B.BIPIN ARUN BOSE

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RESPONDENTS:

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1 KERALA STATE SPORTS COUNCIL REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM, PIN - 695001.

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2 THE PRESIDENT, KERALA STATE SPORTS COUNCIL, THIRUVANANTHAPURAM, PIN – 695001.

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3 THE SECRETARY KERALA STATE SPORTS COUNCIL, THIRUVANANTHAPURAM, PIN - 695001.

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BY ADV. SMT.LATHA ANAND, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC NO.18773 OF 2021

JUDGMENT

Dated this the 08^th day of November, 2021

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The petitioner herein was in the service of Kerala Sports Council from 01.04.1998. He got involved in a criminal case and was kept under suspension. He was dismissed from service with effect from 22.12.2012. Later, his conviction was set aside by the Sessions Court, which resulted in acquittal. By virtue of Ext.P5 judgment, the petitioner was ordered to be reinstated, in the light of the judgment of this Court in W.P.(C.) No. 29615 of 2018. By Ext.P5, the petitioner was ordered to be reinstated treating the period during 28.05.2007 to 10.06.2013 as duty and to provide him with all terminal benefits. The petitioner is said to have retired on 31.05.2020. He submitted Ext.P6 and Ext.P7 representations before the Secretary of the Sports Council, who is the third respondent herein.

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WPC NO.18773 OF 2021

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The grievance of the petitioner is that he was only paid a nominal pension and the balance amount due to him have not been released.

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Heard the learned Counsel for the petitioner and the learned Counsel for the respondent, who essentially did not argue the matter on merits, except seeking time to discharge the liability, if any. Accordingly, the writ petition is disposed with a direction to the third respondent to place Ext.P6 and Ext.P7 representations before the first respondent Council, which shall take up the matter and dispose it of on merits, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment, after giving a reasonable opportunity of being heard to the petitioner and the parties, either physically or online. The first respondent shall also quantify the entire amounts due to the petitioner and it shall be communicated. The entire amounts

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WPC NO.18773 OF 2021

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so due, shall be paid as expeditiously as possible, at

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any rate, within a period of three months from the

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date of finalisation of the amounts due.

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The writ petition is disposed of accordingly.

Sd/-

SUNIL THOMAS

JUDGE

SKP/08-11

WPC NO.18773 OF 2021

APPENDIX OF WP(C) 18773/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE 26.03.2013 IN WP(	JUDGMENT DATED C) NO. 6862/2013.
EXHIBIT	P2 TRUE COPY OF THE NO.1910/2013 DATE	JUDGMENT WA. D 30.11.2016.
EXHIBIT	P3 TRUE COPY OF THE DATED 05.03.2018, RESPONDENT SECRET SPORTS COUNCIL, T	DETAILED REPRESENTATION ADDRESSED TO THE 3RD ARY, KERALA STATE HIRUVANANTHAPURAM.
EXHIBIT	P4 TRUE COPY OF THE 12.09.2018 IN WPC	JUDGMENT DATED NO.29615/2018.
EXHIBIT	P5 TRUE COPY OF THE NO.KSSC/BI/5014/2	ORDER 018 DATED 02.06.2020.
EXHIBIT	P6 TRUE COPY OF THE 26.01.2021	REPRESENTATION DATED
EXHIBIT	P7 TRUE COPY OF THE 31.08.2021	REPRESENTATION DATED

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RESPONDENTS' EXHIBITS: NIL

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TRUE COPY

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P.A.TO JUDGE

G .Suresh v. Kerala State Sports Council

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G .Suresh v. Kerala State Sports Council

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