Partly allowed

Johny. G, v. State of Kerala

Kerala HC28 Nov 2023WP(C)/35056/2023

Case brief

AI extract

What is this about?

Petitioner, a retired employee of Kerala Automobiles Limited, filed a writ petition for the disbursement of unremitted Direction Council Retirement Gratuity (DCRG). The Court, noting financial constraints but relying on an admitted liability and a commitment of four months for payment, directed the Managing Director to disburse the amount within four months.

What did the court decide?

Directed the 2nd respondent to disburse Rs. 1,95,134/- within four months; interest at 9% per annum if amount not paid by then.

Johny. G, Vs State of Kerala — 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 TUESDAY, THE 28^TH DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 WP(C) NO. 35056 OF 2023

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PETITIONER:

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JOHNY.G,
AGED61YEARS
S/OGABRIEL,TRADESMAN(HIGHERGRADE),RETIRED,KERALA
AUTOMOBILESLIMITED,THIRUVANANTHAPURAM
(RESIDINGATKADATHEUNDATHUVEEDU,IRUMPIL,
ARUVIPPURAMP.O.,NEYYATTINKARA,THIRUVANANTHAPURAM,
PIN-695126.

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BYADVS.
V.A.MUHAMMED
M.SAJJAD

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RESPONDENTS:

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1STATEOFKERALA
REPRESENTEDBYITSSECRETARYTOGOVERNMENTINDUSTRIES
DEPARTMENT,GOVT.SECRETARIAT,THIRUVANANTHAPURAM,
PIN-695001.

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2THEMANAGINGDIRECTOR,
THEKERALAAUTOMOBILESLIMITED,ARALUMOODUP.O.,
NEYYATTINKARA,THRIRUVANATHAPURAM,PIN-695123.

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SRI.THOMASABRAHAM,SCFORKERALAAUTOMOBILES

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON28.11.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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WP(C)NO.35056OF2023

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JUDGMENT

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The petitioner states that he commenced service as a Tradesman Mechanist in the Kerala Automobiles Ltd on 11.12.2000 and attained superannuation on 30.5.2020. The grievance of the petitioner is that without fixing any liability whatsoever and without initiating any disciplinary action, the DCRG due to the petitioner has not been disbursed. It is on these assertions that this writ petition is filed.

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A statement has been filed by the 2nd respondent through their counsel. They state that a sum of Rs.1,95,134/- is yet to be paid to the petitioner. It is submitted that respondents are facing a huge financial crunch and they would require a breathing time to clear off the dues.

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The learned counsel appearing for the respondents submitted that they would be in a position to clear off the dues within four months.

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Having regard to the facts and circumstances and the

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submissions made across the bar, this writ petition is disposed of by ordering as under:

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a) There will be a direction to the 2nd respondent to

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WP(C)NO.35056OF2023

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disburse the admitted DCRG due to the petitioner.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of four months from the date of production of a copy of this judgment. If the amounts are not paid as ordered above, the amounts shall carry interest at 9% per annum from the date on which the amounts fell due.

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c) It would be open to the petitioner to produce a copy of the Writ Petition along with the judgment before the concerned respondent for further action.

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Sd/- RAJA VIJAYARAGHAVAN V JUDGE

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Sru

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WP(C)NO.35056OF2023

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APPENDIX OF WP(C) 35056/2023

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PETITIONER’SEXHIBITS

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ExhibitP-1TRUECOPYOFTHERELIEVINGORDERNO.KAL/GAD
-25/2020/341DATED30.05.2020.
ExhibitP-2TRUECOPYOFTHEPENSIONPAYMENTORDERNO.
KR/TVM/PENSION//2021DATED30.03.2021.
ExhibitP-3TRUECOPYOFTHELETTERISSUEDBYTHEMANAGER
OFKALTOTHEPETITIONERUNDERTHERIGHTTO
INFORMATIONACTNO.KAL/REC/GAD/31A
/2023-2024/587/249DATED25.09.2023.

Johny. G, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Johny. G, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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