Allowed

V.Ashokan v. High Court of Kerala

Kerala HC8 Nov 2023WP(C)/1406/2023

Case brief

AI extract

What is this about?

Petitioner, a retired Office Attendant, approached the Court seeking mandamus directing respondents to disburse withheld service benefits. The Court found no justification for the delay post the Government Order stipulation and directed immediate payment.

What did the court decide?

Direct the respondents 3 and 4 to disburse the amount due to the petitioner as detailed in the table (Rs. 2,13,081/- and Rs. 4,57,675/-) expeditiously within two months from the date of receipt of a c

V.Ashokan Vs High Court of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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INTHEHIGHCOURTOFKERALAATERNAKULAM
PRESENT
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
WEDNESDAY,THE8THDAYOFNOVEMBER2023/17THKARTHIKA,1945
WP(C)NO.1406OF2023

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PETITIONER:

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V.ASHOKAN,AGED58YEARS
S/OLATETHAMI291,SSMANDIR,KANKKATTUPADAMROAD
ERNAKULAM,PIN-683503
(NOWRESIDINGATS.SMANDHIR,
ROSEWOODGREENHILLSVILLANO.2MANALIMUKKUSIVAGIRIROAD,
NADPOST,ALUVA,PIN-683563).
BYADVS.
T.M.RAMANKARTHA
MANJUR.KARTHA
M.S.SOUJATH
SYAMAMOHAN
VIDYESWARIV.
REVATHYM.A.

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RESPONDENTS:

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1HIGHCOURTOFKERALA
ERNAKULAMREPRESENTEDBYREGISTRARGENERAL,ERNAKULAM,
PIN-682031.
2REGISTRARGENERAL
HIGHCOURTOFKERALAERNAKULAM,COCHIN,PIN-682031.
3STATEOFKERALA,
REPRESENTEDBYTHESECRETARYHOME(C)DEPARTMENT,
GOVERNMENTSECRETARIAT,THIRUVANANTHAPURAM,PIN-695001.
4THEDISTRICTTREASURYOFFICER(PENSIONPAYMENTTREASURY),
PARKAVENUE,ERNAKULAM,PIN-682011.
BYADVS.
SRI.SUNILJACOBJOSE,SCFORHIGHCOURTOFKERALA
SRI.JIMMYGEORGE,GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
08.11.2023,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

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WP(C)NO.1406OF2023

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JUDGMENT

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The petitioner states that he attained superannuation while functioning as an Office Attendant (HG) on 31.12.2020 after rendering 34 years of service with the 1st respondent. He has approached this Court being aggrieved by the non-disbursement of retirement benefits due to him. According to the petitioner, out of the total amount due to him, 50% was paid on 19.04.2022. He asserts that the balance of the service benefits is withheld without any reason. It is on these assertions that this writ petition is filed seeking the following directions.

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(i) Issue a writ of mandamus or an order in its nature, directing the Respondents to disburse the entire service/pension benefits sanctioned to the petitioner as per Exhibit P1 to P3 within a time limit to be specified by this Hon’ble Court, along with interest at the prevailing market rate for the period of delay.

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A counter affidavit has been filed by the respondents 1 and 2.

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It is stated therein that as per the Government Order dated 24.08.2021, arrears on account of revision of pension, family pension, DCRG and Terminal Surrender will be disbursed in four monthly installments commencing from September 2021. Arrears on commutation were to be disbursed in a single installment in cash on 1.1.2022. The amount due to the petitioner has been stated as under:

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WP(C)NO.1406OF2023

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	Pre-revised amount	Revised amount	Amount to be disbursed
DCRG	Rs.8,85,060/-	Rs.10,98,141/-	Rs.2,13,081/-
Commutation	Rs.11,67,365/-	Rs.16,25,040/-	Rs.4,57,675/-

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The petitioner, having retired on 31.12.2020 and the period

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stipulated in the Government Order dated 24.8.2021 having expired, there

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is no justification on the part of the respondents in delaying the payment due to the petitioner.

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Resultantly, this petition is disposed of, directing respondents 3 and

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4 to disburse the amount due to the petitioner as detailed above expeditiously, in any event, within two months from the date of receipt of a copy of this judgment.

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Sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

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Sru

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WP(C)NO.1406OF2023

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APPENDIX OF WP(C) 1406/2023

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PETITIONER’SEXHIBITS
ExhibitP1TRUECOPYOFTHEGRATUITYPAYMENTORDERDATED
29.12.2020ISSUEDTOTHEPETITIONERATTHETIME
OFTHESUPERANNUATION.
ExhibitP1(a)TRUECOPYOFORDERDT.15.03.2022SANCTIONING
THEREVISEDGRATUITYOFPETITIONER.
ExhibitP2TRUECOPYOFCOMMUTATIONPAYMENTORDERDT.
15.03.2022.
ExhibitP3TRUECOPYOFREVISEDPENSIONPAYMENTORDERDT.
15.03.2022.

V.Ashokan v. High Court of Kerala

Case brief

What is this about?

What did the court decide?

V.Ashokan v. High Court of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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