Dismissed

Ummer P.K v. State of Kerala Represented by Secretary to Government

Kerala HC16 Jan 2023WP(C)/4363/2022

Case brief

AI extract

What is this about?

Petitioner, a retired school office attendant, approached the court seeking disbursement of GPF, GIS, and Earned Leave amounts. Court found GIS amount still outstanding and dismissed other claims, directing the Headmaster to initiate GIS payment within two weeks.

What did the court decide?

Directed 6th respondent to initiate steps to disburse GIS amount within two weeks of judgment date.

Ummer P.K Vs State of Kerala Represented by… — 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
MONDAY, THE 16THDAY OF JANUARY 2023 / 26TH POUSHA,1944

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WP(C) NO. 4363 OF 2022

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PETITIONER/S:

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UMMER P.K
AGED 57 YEARS
S/O KOYAKUTTY
PENSIONER, RETIRED OFFICE ATTENDANT,
NADUVANNOOR SOUTH AMUP SCHOOL,
NADUVANNOOR P.O., KOZHIKKODE DISTRICT,
RESIDING AT KALATHIL THAZHE HOUSE,
THRIKKODE P.O., KOZHIKKODE DISTRICT
KOZHIKODE, PIN - 673524

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BY ADV ABRAHAM P.GEORGE

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RESPONDENT/S:

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1STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT
GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, ERNAKULAM, PIN - 695001

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2 DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012

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3 DEPUTY DIRECTOR OF EDUCATION OFFICE OF DEPUTY DIRECTOR OF EDUCATION, MANANCHIRA, KOZHIKKODE, PIN - 673001

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4 ASSISTANT EDUCATION OFFICER A.E.O. OFFICE, PERAMBRA, KOZHIKKODE, PIN - 673525

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5 MANAGER AMUP SCHOOL, NADUVANNOOR SOUTH, NADUVANNOOR P.O., KOZHIKKODE DISTRICT, PIN - 673614

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WP(C) NO. 4363 OF 2022

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6HEADMASTER
AMUP SCHOOL, NADUVANNOOR SOUTH,
NADUVANNOOR P.O.,
KOZHIKKODE DISTRICT, PIN - 673614

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SMT NISHA BOSE SR GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON16.01.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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WP(C) NO. 4363 OF 2022

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JUDGMENT

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The petitioner states that while working as Office Attendant at the Neduvannnoor South AMUP School, he attained superannuation on 28.02.2021. He asserts that as on the date of superannuation, no disciplinary proceedings were pending against the petitioner herein, and no liability was fixed. According to the petitioner, he is entitled to get closure of the General Provident Fund (GPF), Group Insurance Scheme (GIS), and surrender of Earned Leave, which was in his credit. The petitioner asserts that the 6th respondent, who is the Head Master of the School, was bound to initiate steps to disburse the amounts to which he was lawfully entitled. Though representation was made to the 4th respondent complaining of inaction, no action has been taken. 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 directing the respondents to take necessary steps for disbursal of the amount due to the petitioner towards GPF closure, GIS benefits and Earned Leave Surrender on his retirement from service in a time bound manner.

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(ii) Direct the 5th and 6th respondents to pay interest @15% on the amount due to the petitioner from the date of application till the date of payment.

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WP(C) NO. 4363 OF 2022

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Though notice was issued to the 6th respondent and the same was served, the said respondent has not chosen to enter appearance.

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When the matter came up for consideration on 12.01.2023, it

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was submitted before this Court by the learned Government Pleader that she has instructions to submit that the amount due to the petitioner towards GPF, GIS, and surrender of Earned Leave has been credited

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When the matter is taken up today, it is submitted by the

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learned counsel appearing for the petitioner that except for the amounts due towards GIS, the other amounts have been credited.

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The learned Government Pleader submits that it is for the 6th respondent to initiate action and disburse the amount.

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In that view of the matter, this writ petition is disposed of, directing the 6th respondent to forthwith initiate steps to disburse the amounts due to the petitioner towards GIS. The needful shall be done within a period of two weeks from the date of receipt of a copy of this judgment.

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The petitioner shall place before the 6th respondent a copy of the writ petition along with the judgment for further action.

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Sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

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WP(C) NO. 4363 OF 2022

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avs

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APPENDIX OF WP(C) 4363/2022

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PETITIONER EXHIBITS

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`Exhibit1`	`TRUE COPY OF PENSION PAYMENT ORDER ISSUED BY THE` `SUB TREASURY OFFICER DATED 24-08-2021`
`Exhibit2`	`TRUE COPY OF LETTER NO.B/3678/2021 DATED` `22-10-2021 ISSUED BY THE 4TH RESPONDENT TO THE` `PETITIONER`
`Exhibit3`	`TRUE COPY OF LAWYER'S NOTICE DATED 28-12-2021` `ISSUED BY THE PETITIONER TO THE RESPONDENT`
`Exhibit4`	`TRUE COPY OF POSTAL ACKNOWLEDGMENT OF LAWYER'S` `NOTICES`
`Exhibit5`	`TRUE COPY OF E.P. 57/21 FILED BEFORE MUNSIFF'S` `COURT, PAYYOLI AGAINST PETITIONER BY CO-OPERATIVE` `BANK`
`Exhibit6`	`TRUE COPY OF E.P.60/2019 FILED BEFORE MUNSIFF'S` `COURT, PAYYOLI`

Ummer P.K v. State of Kerala Represented by Secretary to Government

Case brief

What is this about?

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Ummer P.K v. State of Kerala Represented by Secretary to Government

Case brief

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