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V.N.Chandrashkaran, v. Travancore Devaswom Board

Kerala HC30 Sept 2021WP(C)/19576/2021

Case brief

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What is this about?

In this writ petition, the petitioner, a retired Devaswom Officer, sought direction for payment of outstanding gratuity. The Court, noting no dispute regarding the Board's liability to pay gratuity, directed the Board to release the undisputed portion within two months and finally decide the quantum of dues to release the balance within one month thereafter.

What did the court decide?

Direction to the Devaswom Board to release the undisputed gratuity amount within two months and decide the quantum of dues to release the balance within one month thereafter.

V.N.Chandrashkaran, Vs Travancore Devaswom… — 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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THURSDAY, THE 30^TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943

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WP(C) NO. 19576 OF 2021

PETITIONER/S:

V.N.CHANDRASHKARAN,

AGED 59 YEARS

RETIRED DEVASWOM EXECUTIVE OFFICER, TRAVANCORE DEVASWOM BOARD, S/O.LATE NARAYANAN NAIR, SREESANKARA, VELLOORE, MAYVELLOORE P.O., KOTTAYAM-686 609.

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BY ADVS. S.RADHAKRISHNAN

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ADITYA THEJUS KRISHNAN

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RESPONDENT/S:

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1 TRAVANCORE DEVASWOM BOARD,

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REPRESENTED BY THE SECRETARY, TRAVANCORE DEVASWOM BOARD, NANDANKODE, THIRUVANANTHAPURAM-695 003.

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2 DEVASWOM COMMISSIONER,

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TRAVANCORE DEVASWOM BOARD, NANDANKODE, THIRUVANANTHAPURAM-695 003.

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3 DEVASOM ACCOUNTS OFFICER, TRAVANCORE DEVASWOM BOARD OFFICE, NANDANKODE, THIRUVANANTHAPURAM-695 003.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19576 OF 2021

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JUDGMENT

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The petitioner retired as Devaswom Officer from the service of the Devaswom Board on 30.06.2018. By Ext.P8, pension, DCRG, commutation and family pension were sanctioned to him. According to him, substantial amount is due to him as gratuity. It seems that some amounts are due from the petitioner to the Board as disclosed from Ext.P1 to Ext.P7. A calculation statement is furnished in the Writ Petition. According to the petitioner, a sum of Rs.26,226/- (Rupees twenty six thousand two hundred and twenty six only) alone is due from him. The petitioner has a further case that earlier, he has remitted an excess amount of Rs.45,463/- (Rupees forty five thousand four hundred and sixty three only) as evident from Ext.P1. On the other hand, towards the gratuity, he claims a sum of Rs.20,75,368/- (Rupees twenty lakhs seventy five thousand three hundred and sixty eight only). The petitioner has

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WP(C) NO. 19576 OF 2021

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approached this court, seeking a direction to disburse the gratuity amount.

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Heard Mr.Aditya Thejus Krishnan, the learned

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counsel for the petitioner and Mr.G.Biju, the learned counsel for the Travancore Devaswom Board.

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The exhibits produced on the side of the petitioner indicate that there is no serious dispute regarding the liability of the Board to pay gratuity. Hence, I do not propose to go into the rival contentions regarding the amounts due to the petitioner and recoverable from the petitioner. Without adverting to that issue, which is within the domain of the Devaswom Board, I am inclined to dispose of the Writ Petition itself, with a direction that Devaswom Board shall release the undisputed portion of the gratuity to the petitioner within two months from the date of receipt of a copy of this judgment. In the meanwhile, Board shall finally decide the quantum of the amount due from the petitioner and release the balance gratuity amount

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WP(C) NO. 19576 OF 2021

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within one month thereafter.

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Writ Petition is disposed of.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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WP(C) NO. 19576 OF 2021

PETITIONER EXHIBITS

Exhibit	P1 A TRUE COPY OF THE LETTER EOP NO.580/18/SAB DATED 15.02.2021 ISSUED BY THE DEVASWOM EXECUTIVE OFFICER, SABARIMALA TO THE DEVASWOM COMMISSIONER, TDB.
Exhibit	P2 A TRUE COPY OF THE ORDER DATED 20.06.2019 PASSED BY THE HON'BLE OMBUDSMAN, T & C DEVASWOM BOARD, IN DBAR NO.7/2013.
Exhibit	P3 A TRUE COPY OF THE ORDER DATED 21.11.2019 PASSED BY THE HON'BLE OMBUDSMAN, T & C DEVASWOM BOARD IN DBAR NO.7/2013.
Exhibit	P4 A TRUE COPY OF THE ORDER DATED 21.11.2019 IN DBAR NO.9/2014.
Exhibit	P5 A TRUE VOPY OF THE LETTER ROC NO.223/20/HCA DATED 22.02.2021.
Exhibit	P6 A TRUE COPY OF THE LETTER NO.ROC.10814/20/HCA DATED 02.03.2021 ISSUED BY THE DEVASWOM COMMISSIONER.
Exhibit	P7 A TRUE COPY OF THE ORDER NO.FAO 217(A) 19/IAD DATED 18.06.2019.
Exhibit	P8 A TRUE COPY OF ROC NO.13079/18/PEN DATED 15.12.2018 AND TYPED COPY.

V.N.Chandrashkaran, v. Travancore Devaswom Board

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V.N.Chandrashkaran, v. Travancore Devaswom Board

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