Retired petitioner sought payment of pending Death Cum Retirement Gratuity. Court disposed of writ petition by directing Registrar to process the claim within 30 days of receipt of certified copy, allowing opportunity for hearing if needed.
Direction to Registrar to release DCRG amount with interest within 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 12TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943
WP(C) NO. 25039 OF 2021
PETITIONER:
DR.K.MOHANAKUMAR AGED 65 YEARS S/O. KESAVA PILLAI, (PROFESSOR, CUSAT, RETIRED ON 31.05.2016), RESIDING AT 38/3277, TPRRA 65, THAMPURATTIPARAMBU ROAD, EDAPPALLY, ERNAKULAM DISTRICT, PIN - 682024. BY ADV K.P.RAJEEVAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001. 2 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS REGISTRAR, COCHIN UNIVERSITY (PO), COCHIN, PIN - 682022, 3 THE JOINT REGISTRAR (FINANCE) COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY (PO), COCHIN, PIN – 682022, 4 THE JOINT REGISTRAR (ADMINISTRATION) COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY (PO), COCHIN, PIN - 682022, 5 FINANCE OFFICER, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY (PO), COCHIN, PIN - 682022,
BY ADV S.P.ARAVINDAKSHAN PILLAY GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 25039/2021 -2-
JUDGMENT
Petitioner, a retired Professor from the Cochin University of Science and Technology (CUSAT) has approached this Court for the payment of Death Cum Retirement Gratuity (DCRG) on the ground that there are no liabilities as per the Certificate Exts.P6 and P7. In this regard a representation dated 28.10.2021 has been submitted. It is further contended that the petitioner retired on 31.05.2016 and more than five years have gone-by but no action has been taken, despite the fact that an amount of Rs.14,00,000/- on 13.01.2017 as per Ext.P2 was sanctioned.
WP(C) 25039/2021 -3-
of receipt of a certified copy of the judgment and if needed, an opportunity of hearing in accordance with law be also given to the petitioner either through virtual or physical mode.
Sd/-
AMIT RAWAL JUDGE
VV
WP(C) 25039/2021 -4-
APPENDIX OF WP(C) 25039/2021
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE ORDER NO.FIN/IV/05/P/2016 DATED 20.02.2016 ISSUED BY THE JOINT REGISTRAR (FINANCE OF CUSAT) |
|---|---|
| Exhibit P2 | TRUE COPY OF THE ORDER NO. FIN IV/GENERAL/2016 DATED 13.01.2017. |
| Exhibit P3 | A TRUE COPY OF LETTER NO. AD.D1/NLC/2016 DATED 04.05.2020 ISSUED BY THE DEPUTY REGISTRAR (ADMN III). |
| Exhibit P4 | A TRUE COPY OF REPLY TO THE AUDIT OBJECTION SUBMITTED BY THE PETITIONER ON 09.06.2020. |
| Exhibit P5 | A TRUE COPY OF THE ORDER NO. AUDIT D/MISC/2016 DATED 20.10.2021 ISSUED BY THE DEPUTY REGISTRAR (FINANCE). |
| Exhibit P6 | TRUE COPY OF THE INTIMATION SLIP NO. AUDIT D2/ADJ.ADV/2021-22 DATED 27.10.2021 ISSUED BY THE ASSISTANT REGISTRAR. |
| Exhibit P7 | TRUE COPY OF THE REPRESENTATION DATED 28.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE REGISTRAR OF CUSAT. |
| Exhibit P8 | TRUE COPY OF THE JUDGMENT DATED |
| 10.02.2015 IN WP(C) NO. 20038 OF 2003. |
1 issue framed by the court
Whether the petitioner is entitled to receipt of Death Cum Retirement Gratuity (DCRG) which has been pending for over five years after retirement and sanction.
DR.K.MOHANAKUMAR
STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
THE JOINT REGISTRAR (FINANCE) COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
THE JOINT REGISTRAR (ADMINISTRATION) COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
FINANCE OFFICER, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
