Disposed

Lalu C.M v. v. Vigneshwari I.A.S

Kerala HC6 Feb 2023Con.Case(C)/30/2023

Case brief

AI extract

What is this about?

In the contempt of court case, the High Court, noting that pension validation was done, ordered respondents to disburse remaining GIS and Terminal Leave Surrender amounts within one month of the order.

What did the court decide?

Direction to 2nd respondent to complete GIS and Terminal Leave Surrender disbursement within one month. Respondents 1 and 3 to disburse within one month thereafter.

Lalu C.M Vs v. Vigneshwari I.A.S — Pension and Retirement Benefits | Kerala HC (2023)

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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 DEVAN RAMACHANDRAN

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MONDAY, THE 6TH DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944
CON.CASE(C) NO. 30 OF 2023

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AGAINST THE JUDGMENT IN WP(C) 11131/2022 DATED 10.06.2022

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PETITIONER:

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LALU C.M, AGED 58 YEARS, S/O. MARKOSE,
CHERAYIL HOUSE, PUTHANCHANDHA P.O,
VAKATHANAM, KOTTAYAM DISTRICT.,
PIN – 686538

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BY ADVS.
M.P.MADHAVANKUTTY
MATHEW DEVASSI
ANANTHAKRISHNAN A. KARTHA
REMYA M. MENON
ANOOP SATHYAN

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RESPONDENTS:

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1 V. VIGNESHWARI I.A.S, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, PRESENTLY WORKING AS DIRECTOR OF COLLEGIATE EDUCATION, DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN PO, THIRUVANANTHAPURAM, PIN 695 033.

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2 DR. ZACHARIAS MAR APREM, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, PRESENTLY WORKING AS MANAGER, CORPORATE MANAGEMENT OF MALANKARA ORTHODOX CHURCH COLLEGES, DEVALOKAM, KOTTAYAM, PIN – 686004

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3 DR. B. UNNIKRISHNAN NAIR, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, PRESENTLY WORKING AS DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, VAYASKARAKUNNU, PALACE ROAD, KOTTAYAM, PIN – 686001.

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BY ADVS.
REJI GEORGE
SRI.JACOB E SIMON -GP

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

COC 30/23

JUDGMENT

When this matter was called today, Sri.M.P.Madhavan Kutty -

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learned counsel for the petitioner, submitted that, on account of the stand taken by this Court, respondents 1 and 3 have now sanctioned eligible and commuted value of pension to his client. He, however, submitted that amounts under the General Insurance Scheme (GIS), as also Terminal Leave Surrender, are still to be paid; and that for this purpose, his client has already made an application before the 2^nd respondent – Manager of the College. He thus prayed that the 2^nd respondent be directed to act upon the afore application and to

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ensure that the amounts are disbursed without any further delay.

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Sri.Reji George – learned counsel appearing for the 2^nd respondent, submitted that if the petitioner has already made an application as afore, action on the same will be completed and the eligible amounts ensured to be disbursed without any avoidable delay .

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Sri.Jacob E. Simon – learned Government Pleader,

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COC 30/23

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affirmed that orders with respect to the pensionary benefits of the

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petitioner has already been issued, but that as regards the afore components of GIS and Terminal Leave Surrender, as soon as the proposal reaches from the 2 nd respondent, measures will be taken for its disbursement.

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Taking note of the afore submissions and recording the same, I close this Contempt Case, directing the 2 nd respondent to ensure that all necessary steps for disbursement of GIS and Terminal Leave Surrender in favour of the petitioner are completed not later than one month from today; with a concomitant direction to respondents 1 and 3 to ensure that the said proposal is acted upon and the amounts disbursed within a period of one month thereafter.

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I also leave liberty to the petitioner to seek a rehearing in case any of the afore directions are violated.

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Sd/-

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RR

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DEVAN RAMACHANDRAN

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JUDGE

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COC 30/23

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APPENDIX OF CON.CASE(C) 30/2023

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`PETITIONER ANNEX`	`URES`
`Annexure I`	`THE CERTIFIED COPY OF THE JUDGMENT DATED` `10.06.2022 IN W.P.(C). NO. 11131/2022` `BEFORE THIS HON'BLE COURT`
`Annexure II`	`A TRUE COPY OF THE VERIFICATION REPORT` `DATED 18.02.2022 SENT FROM THE ACCOUNTANT` `GENERAL'S OFFICE TO THE OFFICE OF THE` `COLLEGIATE EDUCATION`
`Annexure III`	`THE TRUE COPY OF THE FORM A, B, C (ABC` `FORM) DATED 22.07.2022 OF THE PETITIONER`
`Annexure IV`	`A TRUE COPY OF THE COMMUNICATION DATED` `02.12.2022 FROM THE OFFICE OF THE` `ACCOUNTANT GENERAL TO THE DEPUTY DIRECTOR` `OF COLLEGIATE EDUCATION`
`Annexure V`	`A TRUE COPY OF THE LETTER DATED 28.10.2021` `GIVEN BY THE PETITIONER TO THE PRINCIPAL,` `BASELIUS COLLEGE`

Lalu C.M v. v. Vigneshwari I.A.S

Case brief

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Lalu C.M v. v. Vigneshwari I.A.S

Case brief

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