Dismissed

Anilkumar G. v. Regional Deputy Director

Kerala HC1 Dec 2023WP(C)/27881/2022

Case brief

AI extract

What is this about?

On admission, the Court held that as the grievance amount (DCRG) had already been released to the petitioner subsequent to a court order, no further direction was required. The writ petition was closed, with liberty granted to the petitioner to prosecute his separate claim for interest.

What did the court decide?

Writ petition closed with liberty to prosecute claim for interest before appropriate forum.

Anilkumar G. Vs Regional Deputy Director — Pension and Retirement Benefits | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE T.R.RAVI

¶4

FRIDAY, THE 1ST DAY OF DECEMBER 2023 / 10TH AGRAHAYANA, 1945

¶5

WP(C) NO. 27881 OF 2022

¶6

PETITIONER:

¶7

ANILKUMAR G.
AGED 59 YEARS
HEADMASTER (RETD.) M.M.HIGHER SECONDARY SCHOOL,
VILAKUDY P.O., KOLLAM DISTRICT, RESIDING AT
NANDANAMTHOPPIL HOUSE, MANCHALLOOR, PATHANAPURAM P.O.,
KOLLAM.

¶8

BY ADVS.
GEORGE ABRAHAM
JOSEPH GOPURAN

¶9

RESPONDENTS:

¶10

1 REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, PALAYAM P.O., THIRUVANANTHAPURAM-695 033.

¶11

2 DEPUTY DIRECTOR OF EDUCATION KOLLAM DISTRICT-691 009.

¶12

3 DISTRICT EDUCATIONAL OFFICER, NELLIPPALLY P.O., PUNALUR, KOLLAM-691 305.

¶13

4 ASSISTANT EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT PATHANAPURAM BLOCK PANCHAYA,T PATHANAPURAM P.O., KOLLAM-689 695.

¶14

5 HEADMASTER, M.M.HIGHER SECONDARY SCHOOL, VILAKUDY P.O., KOLLAM DISTRICT-691 508.

¶15

BY ADVS.
V.A.MUHAMMED
M.SAJJAD

¶16

SRI.VENUGOPAL, GP.

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

WP(C) NO. 27881 OF 2022

¶19

¶20

T.R. RAVI, J.

¶21

-------------------------------------------- W.P.(C) No.27881 of 2022

¶22

Dated this the 01^st day of December, 2023

¶23

JUDGMENT

¶24

The writ petition has been filed praying for a direction to the respondents to release the DCRG amount sanctioned as per Ext.P1 and to direct the 5^th respondent to pay interest at the rate of 8% per annum for delayed payment. Pending the writ petition, based on the order dated 29.11.2022 the amounts due as DCRG

¶25

have already been released to the petitioner after the execution of a bond.

¶26

In the above circumstances, no further orders are required in this writ petition. The writ petition is hence closed giving liberty to the petitioner to prosecute his claim regarding the right to interest for delayed payment before the appropriate Forum.

Sd/-

T.R.RAVI JUDGE

mpm

WP(C) NO. 27881 OF 2022

¶31

¶32

APPENDIX OF WP(C) 27881/2022

¶33

PETITIONER’S EXHIBITS

¶34

`Exhibit P1`	`TRUE COPY OF THE GRATUITY PAYMENT ORDER` `ISSUED BY THE ACCOUNTANT GENERAL DATED` `31.12.2020 IN FAVOUR OF THE PETITIONER.`
`Exhibit P2`	`TRUE COPY OF THE COMMUNICATION ISSUED BY` `THE DEPUTY DIRECTOR OF EDUCATION DATED` `18.01.2021.`
`Exhibit P3`	`TRUE COPY OF THE COMMUNICATION ISSUED BY` `THE 5TH RESPONDENT DATED 20.04.2022.`
`Exhibit P4`	`TRUE COPY OF THE COMMUNICATION ISSUED BY` `THE DISTRICT EDUCATIONAL OFFICER, PUNALUR.`
`Exhibit P5`	`TRUE COPY OF THE COMMUNICATION ISSUED BY` `THE 5TH RESPONDENT DATED 29.04.2022.`
`Exhibit P6`	`TRUE COPY OF THE PETITION FILED BY THE` `PETITIONER BEFORE THE 2ND RESPONDENT DATED` `20.06.2022.`
`Exhibit P7`	`A COPY OF THE REQUEST MADE BY THE` `PETITIONER DATED 19-10-2022.`

¶35

RESPONDENTS’ EXHIBITS

¶36

`Exhibit R5(a)`	`TRUE COPY OF THE` `HEADMASTER ADDRE` `THIRUVANANTHAPUR`	`LETTER NO.05/2022 OF THE` `SSING THE RDD HSE,` `AM DATED 29/01/2022.`
`Exhibit R5(b)`	`TRUE COPY OF THE` `HEADMASTER ADDRE` `THIRUVANANTHAPUR`	`LETTER NO.40/2022 OF THE` `SSING THE RDD HSE,` `AM DATED 21/04/2022.`
`Exhibit R5(c)`	`TRUE COPY OF THE` `HEADMASTER ADDRE` `DATED 22/04/2022`	`LETTER NO.60/2022 OF THE` `SSING THE ACCOUNTS OFFICER` `.`
`Exhibit R5(d)`	`TRUE COPY OF THE` `HEADMASTER ADDRE` `DATED 22/04/2022`	`LETTER NO.61/2022 OF THE` `SSING THE DDE, KOLLAM,` `.`
`Exhibit R5(e)`	`TRUE COPY OF THE` `(1) /231392/2021` `THE DIRECTOR OF`	`ENQUIRY LETTER NO.V.A.` `/DGE DATED 13/09/2022 OF` `GENERAL EDUCATION.`
`Exhibit R5(f)`	`TRUE COPY OF THE` `TRANSFER OF FUND`	`APPLICATION FOR ELECTRONIC` `FROM TREASURY SAVING BANK`

¶37

WP(C) NO. 27881 OF 2022

¶38

¶39

SUBMITTED BY THE PETITIONER DATED
02/03/2020.
Exhibit R5(g)TRUE COPY OF THE APPLICATION FOR ELECTRONIC
TRANSFER OF FUND FROM TREASURY SAVING BANK
SUBMITTED BY THE PETITIONER DATED
18/03/2020.
Exhibit R5(h)TRUE COPY OF THE CHEQUE OF TREASURY SAVINGS
VIDE NO.2254651 DATED 13/02/2020.

Anilkumar G. v. Regional Deputy Director

Case brief

What is this about?

What did the court decide?

Anilkumar G. v. Regional Deputy Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Sathyanathan, Vs the State of Kerala

Sulaiman T.C. Vs State of Kerala

M/S Rds Project Ltd. Represented by Its Managing Director, Mr. Sumit Goyal Vs Kerala State Transport Project

Mukbarsha Kk Vs District Collector

Mamu Moulavi Vs Revenue Divisional Officer

K.B.Noushad Vs State of Kerala