Disposed

Appukuttan T., v. Kerala Water Authority

Kerala HC5 Jan 2021WP(C)/28666/2020

Case brief

AI extract

What is this about?

Justice Anu Sivaraman directed the Kerala Water Authority to consider the petitioner's request for early release of his commuted pension value, noting his retirement and imminent daughter's marriage. The authority must pass orders within three weeks.

What did the court decide?

Direction to the 1st respondent to consider the petitioner's request and pass orders within three weeks regarding early release of commuted pension value.

Appukuttan T., Vs Kerala Water Authority — 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 MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

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WP(C).No.28666 OF 2020(G)

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PETITIONER:

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APPUKUTTAN T., AGED 59 YEARS

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RETD. METER INSPECTOR (HG), KERALA WATER AUTHORITY, SECTION NO.IV, KARAMANA, THIRUVANANTHAPURAM-695 002, RESIDING AT THIRUVATHIRA, MARIYAPURAM P.O, THIRUVANANTHAPURAM.

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BY ADV. SRI.S.MOHAMMED AL RAFI

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RESPONDENTS:

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1 KERALA WATER AUTHORITY REPRESENTED BY MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-695 033

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2 ACCOUNTS OFFICER, (FUNDS) KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033

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

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R1-3 BY ADV. SMT.MARY BENJEMIN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28666 OF 2020(G)

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JUDGMENT

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Dated this the 5th day of January 2021

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This writ petition is filed seeking the following relief:

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“issue a writ of mandamus or writ of similar nature or order or direction commanding the respondents to disburse the commuted value of pension amount at 18% interest from the date of retirement till the date of payment to the petitioner forthwith.”

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Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

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It is submitted by the learned counsel for the petitioner that the petitioner had retired from service on 31.05.2017 and that the petitioner's daughter is due to be married on 08.02.2021. It is submitted that the petitioner has not received the commuted value of pension from the respondents and that the commuted value of pension of persons, who retired after 31.04.2017 have been released. Petitioner has approached the 1^st respondent preferring Ext.P4 representation seeking early release of the commuted value

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of pension in the light of the impending marriage of his daughter.

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WP(C).No.28666 OF 2020(G)

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Having heard the learned Standing Counsel also, there will be

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a direction to the 1^st respondent to take up, consider and pass

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orders on Ext.P4 request made by the petitioner, taking note of

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Ext.P3 as well. Orders shall be passed within a period of three weeks from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SVP

WP(C).No.28666 OF 2020(G)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LETTER DATED 24.7.2017 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE COMMUTATION PENSION PAYMENT ORDER DATED 21.07.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE WEDDING INVITATION CARD OF THE PETITIONER'S DAUGHTER ATHIRA A.L EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 18.12.2020 SUBMITTED BEFORE THE 1ST RESPONDENT.

Appukuttan T., v. Kerala Water Authority

Case brief

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What did the court decide?

Appukuttan T., v. Kerala Water Authority

Case brief

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