Petitioners, retired Kerala Water Authority employees, sought the court's intervention regarding the non-disbursement of their sanctioned commuted pension values despite financial pleas from the respondent Authority.
Direction to respondents to release the commuted value of pension due to petitioners in order of seniority within six months.
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 MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO.13987 OF 2022
PETITIONERS :-
1 BABU O.M., AGED 59 YEARS (ASSISTANT ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, KATTAPPANA, IDUKKI DISTRICT, RETIRED ON 31.3.2019), RESIDING AT ONASSERIL HOUSE, THRISSILERI P.O., KARTIKULAM (VIA), MANANTHAVADI TALUK, WAYANAD DISTRICT, PIN-670 646.
2 ASHOK KUMAR C., (SENIOR GRADE DRIVER, KERALA WATER AUTHORITY, PH DIVISION, SULTHAN BATHERY, WAYANAD, RETIED ON 31.1.2019), RESIDING AT THANKOM NIVAS, CHEERAL P.O., WAYANAD DISTRICT, PIN-673 595. BY ADV K.P.RAJEEVAN
RESPONDENTS :-
WP(C) NO.13987 OF 2022
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BY SRI.P.M.JOHNY, SC BY SRI.M.RAJEEV, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.13987 OF 2022
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JUDGMENT
Dated this the 21st day of October, 2022
The prayer in this writ petition is for payment of
commuted value of pension sanctioned to the petitioners who had retired from service on 31.3.2019 and 31.1.2019 respectively. It is submitted that by Exts.P1 and P2, the commutation of pension has been sanctioned and the amounts due for also fixed. However, pleading financial difficulties, the amounts are not being disbursed to the petitioners.
WP(C) NO.13987 OF 2022
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In the above view of the matter, there will be a direction to the respondents to release the commuted value of pension due to the petitioners in the order of seniority within a period of six months from the date of receipt of a copy of this judgment.
Sd/ANU SIVARAMAN JUDGE
Jvt/21.10.2022
WP(C) NO.13987 OF 2022
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APPENDIX OF WP(C) 13987/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMMUTATION PAYMENT ORDER NO.KWA/AO (ESTT)/PEN:9925/COM: (NON MEDICAL)/8964 DATED 18.9.2019. Exhibit P2 TRUE COPY OF THE COMMUTATION PAYMENT ORDER NO.KWA/AO (ESTT)/PEN:9806/COM:(NON MEDICAL)/8850 DATED 27.2.2019.
2 issues framed by the court
Whether the respondents are directed to release the commuted value of pension due to retired petitioners considering financial constraints.
What timeframe should be accorded for the disposal of pending pension claims when funds are not immediately available.
Colour shows how this judgement treated each authority
W.P.(C) No.222/2021Referred¶29
Babu O.M.
Ashok Kumar C.
State of Kerala
Kerala Water Authority
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Anu Sivaraman
Parties & counsel
