Disposed

Aboobacker C.P. v. Kerala State Centre for Advanced Printing and Training

Kerala HC16 Nov 2023WP(C)/25806/2020

Case brief

AI extract

What is this about?

The petitioner, husband of a deceased government employee, approached the court for disbursement of arrears. The court directed the petitioner to submit death and heirship certificates within three weeks, after which the financial benefits must be ascertained and disbursed within three months.

What did the court decide?

Directions issued to petitioner to submit death certificate and legal heirship certificate within three weeks, after which benefits are to be disbursed within three months.

Aboobacker C.P. Vs Kerala State Centre for… — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 16^TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945 WP(C) NO. 25806 OF 2020

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PETITIONER/S:

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ABOOBACKERC.P.
AGED58YEARS
MOONCHIKKAL(HOUSE),KALPETTAP.O.,KALPETTA,
PUZHAMUDI,WAYANAD-673121REPBYOFFICERINCHARGE
BYADVS.
P.C.SASIDHARAN
SRI.K.S.ANIL

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RESPONDENT/S:

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1KERALASTATECENTREFORADVANCEDPRINTINGANDTRAINING
VATTIYOOKAVU,THIRUVANANTHAPURAM-695013

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2 OFFICER IN CHARGE,

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KERALASTATECENTREFORADVANCEDPRINTINGANDTRAINING
SUBCENTRE,T.P.SANKARANROAD,NELLIKODEL.P.SCHOOL
BUILDING,CHEVAYURP.O.,KOZHIKODE-673017

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BYADVSMT.LATHAANAND

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OTHER PRESENT:

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SMT.LATHAANAND,SCFORKERALASTATECENTREFOR
ADVANCEDPRINTINGANDTRAINING.

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON16.11.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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WP(C)NO.25806OF2020

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JUDGMENT

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The petitioner states that he is the husband of late Smt. Sakeena M, who while working as L.D Typist in the Kerala State Centre for Advanced Printing and Training, passed away on 26.08.2020. The petitioner's grievance is that the financial benefits due to the aforementioned deceased employee has not been disbursed. It is on these assertions that this writ petition is filed seeking the following reliefs:-

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“i)issue a writ of mandamus or other appropriate writ order or direction compelling the respondents to grant sanction and disburse the arrears of salary, gratuity, earned leave balances and other service benefits due to the petitioner’s deceased wife as admitted in Ext.P4 with accrued interest, immediately.

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ii)To declare that the respondents are duty bound to pay the arrears of salary, gratuity, earned leave balances and other service benefits due to the petitioner's wife without any delay.”

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When the matter is taken up for consideration, the learned counsel

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appearing for the respondents submitted that the petitioner has not placed on record the death certificate of his deceased wife, legal heir-ship certificates and other documents which are necessary for processing the request of the petitioner herein. It is submitted that if the above records are produced, the respondents shall ascertain the authenticity and consider granting the benefits prayed for within a time frame.

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The learned counsel appearing for the petitioner submits that the respondents be directed to process the same within an expeditious time

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WP(C)NO.25806OF2020

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frame.

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I have heard the submissions advanced. I am of the view that this

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writ petition shall be ordered and following directions shall be issued.

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i) The petitioner shall produce the death certificate of Late Smt.

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Sakeena and the legal heir-ship certificate before the respondents concerned and other documents if any, within a period of three weeks from today.

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ii) On submission of the documents as aforesaid, the party respondent shall consider the petitioner’s claim for disbursement of arrears of salary, gratuity, earned leave and other benefits if any after ascertaining the authenticity of the certificates submitted by the petitioner.

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iii) Amounts, if any, shall be disbursed within three months from the date of submission of the applications.

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This writ petition is disposed of as above.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C)NO.25806OF2020

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APPENDIX OF WP(C) 25806/2020

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PETITIONEREXHIBITS

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EXHIBITP1TRUECOPYOFTHEDEATHCERTIFICATEDATED
23.09.2020
EXHIBITP2TRUECOPYOFTHEAPPOINTINGORDERDATED
10.07.1996
EXHIBITP3TRUECOPYOFTHERELIEVINGORDERDATED
20.05.2009
EXHIBITP4TRUECOPYOFTHEDETAILSOFAMOUNTDUETO
SMT.SAKEENAMUNDERVARIOUSHEAD
FURNISHEDUNDERTHERTIACT
EXHIBITP5TRUECOPYOFTHEREPRESENTATIONDATED
25.09.2013
EXHIBITP6TRUECOPYOFTHEINTIMATIONFURNISHEDBY
THESTATEPUBLICINFORMATIONOFFICERTO
SMT.SANTYJOSEPH

Aboobacker C.P. v. Kerala State Centre for Advanced Printing and Training

Case brief

What is this about?

What did the court decide?

Aboobacker C.P. v. Kerala State Centre for Advanced Printing and Training

Case brief

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What did the court decide?

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