Allowed

State of Kerala v. K.Sreedharan

Kerala HC17 Nov 2022WA/642/2012

Case brief

AI extract

What is this about?

This bench allowed a writ appeal in a pension matter and set aside the previous High Court judgment imposing costs on the State of Kerala. The decision relied on the death of the sole beneficiary (respondent in the original petition) and the long delay of 11 years since the appeal was filed.

What did the court decide?

Impugned judgment dated 15.12.2011 in W.P.(C) No. 10249/2006 is set aside. Writ appeal is allowed.

State of Kerala Vs K.Sreedharan — Pension and Retirement Benefits | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶6

THURSDAY, THE 17^TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944

¶7

WA NO. 642 OF 2012

¶8

AGAINST THE JUDGMENT WPC 10249/2006 OF HIGH COURT OF KERALA DATED 15.12.2011

¶9

APPELLANT/2ND RESPONDENT IN WPC:

¶10

STATE OF KERALA GENERAL ADMINISTRATION (FFPA) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

¶11

BY ADV GOVERNMENT PLEADER SRI.K.P.HARISH

¶12

RESPONDENTS/PETITIONER & RESPONDENT NO.1 IN WPC:

¶13

1 K.SREEDHARAN, MUTTATHUPARAMBIL, KUTHIRAPANTHY WARD, ALAPPUZHA-688 001.

¶14

2 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, KHANMARKET, NEW DELHI-110003.

¶15

BY ADV MANU S., DSG OF INDIA SRI.K.K.SATHEESH FOR R1 SRI.JAISHANKAR V. NAIR, CGC

¶16

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA NO. 642 OF 2012

:: 2 ::

JUDGMENT

Dated this the 17^th day of November 2022

¶21

S.MANIKUMAR, C.J.

¶22

Instant writ appeal is filed against the judgment dated 15.12.2011 in W.P.(C)No.10249/2006 by which, the writ court imposed a cost of Rs.10,000/- from the appellants herein – State of Kerala for the delay made by them in communicating the order of rejection passed in the application for Swatantrata Sainik Samman Pension Scheme to the claimant.

¶23

We have perused the materials available on record and satisfied that the appellants have made out a case seeking interference of this court. That apart, it is submitted at bar that both the first respondent/K.Sreedharan and his wife have expired during the pendency of this writ appeal.

¶24

WA NO. 642 OF 2012

¶25

:: 3 ::

¶26

Having regard to the long passage of time, namely 11 years, since the date of filing of the writ appeal and also of the fact that the sole respondent died, we are inclined to set aside the impugned judgment dated 15.12.2011 in W.P. (C)No.10249/2006.

¶27

Accordingly, writ appeal is allowed.

¶28

SD/S.MANIKUMAR CHIEF JUSTICE

¶29

SD/-

¶30

SHAJI P. CHALY JUDGE

¶31

jes

State of Kerala v. K.Sreedharan

Case brief

What is this about?

What did the court decide?

State of Kerala v. K.Sreedharan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Director of Local Fund Audit, Thiruvananthapuram Vs P. Johns

Pindimana Grama Panchayat Vs Tomy George

The Tahsildar Vs Shyja

Rekha P.R Vs Bar Council of Kerala

The Town Planning Officer, Palakkad Municipality Vs Rajagopal Menon

Harishchandra M. Vs the State of Kerala