Allowed

Unnikrishnan Pillai D. v. State of Kerala

Kerala HC16 Nov 2021WP(C)/21722/2021

Case brief

AI extract

What is this about?

Petitioners, retired Kerala Water Authority employees, filed a writ petition seeking direction to respondents to disburse their sanctioned commuted pension value. The Court directed the Authority to pay the amounts promptly while attempting to obtain funds from the Government.

What did the court decide?

Directed respondents to pay commuted value of pension to petitioners expeditiously; instructed Water Authority to get funds from Government.

Unnikrishnan Pillai D. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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W.P(C).21722/2021

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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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TUESDAY, THE 16^TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943

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WP(C) NO. 21722 OF 2021

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PETITIONER/S:

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1 UNNIKRISHNA PILLAI D., AGED 60 YEARS, (UPPER DIVISION CLERK (HIGHER GRADE), KERALA WATER AUTHORITY, SUB DIVISION KOLLAM, RETIRED ON 30/04/2018), RESIDING AT CHENATTAZHIKATHU PADINJATTATHIL, KAVANAD (PO), KOLLAM, PIN - 691 003.

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2 VAHEEDA S, (JUNIOR SUPERINTENDENT (HIGHER GRADE), KERALA WATER AUTHORITY, WATER SUPPLY SUB DIVISION, KOLLAM, RETIRED ON 30/04/2018), RESIDING AT ROSE VILLA, AVANAVANCHERRY (PO), ATTINGAL, THIRUVANANTHAPURAM, PIN - 695 103.

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3 P.S.REGHU, (JUNIOR SUPERINTENDENT, KERALA WATER AUTHORITY, G.P.F.SECTION, VELLAYAMBALAM, THIRUVANANTHAPURAM, RETIRED ON 31/05/2018), RESIDING AT PATTATHIOL, KALLELIBHAGOM (PO), KARUNGAPPALLY, KOLLAM, PIN - 690 519.

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4 PANKAJAKSHAN UNNITHAN B., (DIVISIONAL ACCOUNTS OFFICER, KERALA WATER AUTHORITY, INTERNAL AUDIT WING, JALABHAVAN, VELLAYAMBALAM (PO), THIRUVANANTHAPURAM, RETIRED ON 31/05/2018), RESIDING AT KAILAS, PALLICKAL NADUVILEMURI (PO), KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690 503.

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5 RAJESWARY R.L, (DIVISIONAL ACCOUNTS OFFICER, KERALA WATER AUTHORITY, INTERNAL AUDIT WING, JALABHAVAN, VELLAYAMBALAM (PO), THIRUVANANTHAPURAM, RETIRED ON 30/06/2018), RESIDING AT SREEVILAS, THALAVADY (PO), ALAPPUZHA DISTRICT, PIN- 689 572.

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6 SAJJULAL.B., (JUNIOR SUPERINTENDENT, KERALA WATER AUTHORITY, WATER WORKS WEST SUB DIVISION, PONGUMOODU, THIRUVANANTHAPURAM, RETIRED ON 28/02/2019), RESIDING

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W.P(C).21722/2021

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AT ASWATHY, NETHAJI NAGAR-17, PUNTHALATHAZHAM, KILIKOLLOOR (PO), KOLLAM, PIN - 691 004.

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7 JAYASEELAN L., (ACCOUNTS OFFICER (HIGHER GRADE), OFFICE OF THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, RETIRED ON 31/03/2019), RESIDING AT PACHARICHAL, TC NO.11/405, PANANVILA, NALANCHIRA (PO), THIRUVANANTHAPURAM, PIN - 695 015.

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8 SAMKUMAR F., (DIVISIONAL ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM (PO), THIRUVANANTHAPURAM, RETIRED ON 31/07/2019), RESIDING AT M.J.F.COTTAGE, VENGANOOR (PO), THIRUVANANTHAPURAM, PIN - 695 523.

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BY ADV K.P.RAJEEVAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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2 SECRETARY TO GOVERNMENT WATER RESOURCES (WATER SUPPLY-C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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3 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033.

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4 FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033.

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BY ADV P.BENJAMIN PAUL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).21722/2021

JUDGMENT

Petitioners retired from the service of the Kerala Water Authority. The grievance of the petitioners is that, they have not been paid the commuted value of pension as evident from Exts.P1 to P8. Claiming that, they are in dire need of money, they have approached this Court. Relief sought in the Writ Petition is for a direction to the respondents to disburse the amount of commuted value of pension, which is sanctioned as per Exts.P1 to P8, to the above petitioners.

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Though, counter has not been filed, from the submissions made by the learned Standing Counsel for the Water Authority, it emerges that the only dispute is in relation to the lack of funds for the Water Authority to pay the commuted value of pension. It was contended by the learned counsel for the petitioners that the commuted value is now being paid, having regard to the year of retirement of the employees. In the light of Ext.P1 to P8, I am satisfied that, there cannot be a dispute regarding the entitlement of the petitioners to receive the money in terms of Exts.P1 to P8.

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Having considered this, I am inclined to dispose of the Writ Petition itself by directing the respondents 3 and 4 to pay the amounts, which the petitioners are entitled to receive in terms of Exts.P1 to P8, under the commuted value of pension, as expeditiously as possible, in accordance with the order in which the amounts are being released. In

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W.P(C).21722/2021

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the meanwhile, Water Authority shall try to get funds released from the Government.

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Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

Sbna/

W.P(C).21722/2021

APPENDIX OF WP(C) 21722/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY 9620/COM 27/06/2018 PENSION TO	OF THE ORDER NO.KWA/AO( (NON MEDICAL/8675 SANCTIONING COMMUTED THE 1ST PETITIONER.	ESTT)/PEN DATED VALUE OF
Exhibit P2	TRUE COPY 9663/COM 25/07/2018 PENSION TO	OF THE ORDER NO.KWA/AO( (NON MEDICAL)/8716 SANCTIONING COMMUTED THE 2ND PETITIONER.	ESTT)/PEN DATED VALUE OF
Exhibit P3	TRUE NO.KWA/AO( MEDICAL)/8	COPY OF THE ESTT)/PEN.9586/COM 643 DATED 28/07/2018 SA	ORDER (NON NCTIONING
	COMMUTED PETITIONER	VALUE OF PENSION TO .	THE 3RD
Exhibit P4	TRUE COPY 9553/COM 14/09/2018 PENSION TO	OF THE ORDER NO.KWA/AO( (NON MEDICAL)/8610 SANCTIONING COMMUTED THE 4TH PETITIONER.	ESTT)/PEN DATED VALUE OF
Exhibit P5	TRUE COPY 9644/COM 28/09/2018 PENSION TO	OF THE ORDER NO.KWA/AO( (NON MEDICAL)/87698 SANCTIONING COMMUTED THE 5TH PETITIONER.	ESTT)/PEN DATED VALUE OF
Exhibit P6	TRUE COPY 9978/COM 20/06/2019 PENSION TO	OF THE ORDER NO.KWA/AO( (NON MEDICAL)/9015 SANCTIONING COMMUTED THE 6TH PETITIONER.	ESTT)/PEN DATED VALUE OF
Exhibit P7	TRUE COPY 9853/COM 30/05/2019 PENSION TO	OF THE ORDER NO.KWA/AD( (NON MEDICAL)/8894 SANCTIONING COMMUTED THE 7TH PETITIONER.	ESTT)/PEN DATED VALUE OF
Exhibit P8	TRUE COPY 10145/COM 28/07/2020 PENSION TO	OF THE ORDER NO.KWA/AO( (NON MEDICAL)/9177 SANCTIONING COMMUTED THE 8TH PETITIONER.	ESTT)/PEN DATED VALUE OF

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W.P(C).21722/2021

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Exhibit P9 TRUE COPY OF THE G.O.(RT) NO.33/2021/WRD DATED 19/01/2021. Exhibit P10 TRUE COPY OF THE G.O.(RT) NO.101/2021/WRD DATED 12/02/2021. Exhibit P11 TRUE COPY OF THE G.O.(RT) NO.386/2021/WRD DATED 23/07/2021.

Unnikrishnan Pillai D. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Unnikrishnan Pillai D. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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