Disposed

Roy M.v., v. State of Kerala , Represented by the Additional Chief Secretary to Government

Kerala HC6 Feb 2024OP(KAT)/23/2024

Case brief

AI extract

What is this about?

A retired Special Village Officer on provisional pension, facing disciplinary proceedings, challenged the Kerala Administrative Tribunal's direction to complete those proceedings within six months. The High Court reduced the period and directed the respondents to conclude the disciplinary proceedings within three months, disposing of the original petition accordingly.

What did the court decide?

Direction to respondents to conclude disciplinary proceedings within three months; original petition disposed of.

Roy M.v., Vs State of Kerala , Represented by… — Pension and Retirement Benefits | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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TUESDAY, THE 6^TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945

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OP(KAT) NO. 23 OF 2024

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AGAINST THE JUDGMENT DATED 09.01.2024 IN OA (EKM) 1645/2023 OF KERALA ADMINISTRATIVE TRIBUNAL,

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THIRUVANANTHAPURAM

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PETITIONER/APPLICANT IN OA:

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ROY M.V., AGED 54 YEARS, S/O. VASUDEVAN, SPECIAL VILLAGE OFFICER, ALUVA EAST VILLAGE, CHOONDI, ERNAKULAM DISTRICT, (RETD) RESIDING AT ELANJISTHANATHU HOUSE, KALAVAMKODAM PO, CHERTHALA, ALAPPUZHA, PIN – 688 324

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BY ADV O.D.SIVADAS

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA , REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN – 695 033

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2 THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDINGS, MUSEUM PO, THIRUVANANTHAPURAM, PIN695 033.

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3 THE ACCOUNTANT GENERAL (A&E), KERALA, OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM, PIN – 695 001

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P. (KAT)No.23 of 2024

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..2..

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J U D G M E N T

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A. Muhamed Mustaque, J.

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The petitioner retired from service as Special Village Officer on 28.02.2023. He has been proceeded with disciplinary action and is getting provisional pension. The Kerala Administrative Tribunal, as per order dated 09.01.2024, ordered conclusion of disciplinary proceedings within six months. Dissatisfied with the order of the Tribunal, the petitioner has approached this Court.

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The petitioner's prayers before the Tribunal were to regularize the period of suspension and to sanction and disburse the DCRG, commuted value of pension, other terminal benefits, service benefits etc. The Tribunal had given direction to complete the disciplinary proceedings in a time bound manner in the light of the fact that disciplinary action is pending against the petitioner.

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Considering the fact that the petitioner retired

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O.P. (KAT)No.23 of 2024

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..3..

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from service on 28.02.2023, we direct the respondents to conclude the proceedings within a period of three months from today.

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This original petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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Sd/SHOBA ANNAMMA EAPEN JUDGE

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O.P. (KAT)No.23 of 2024

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APPENDIX OF OP(KAT) 23/2024

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PETITIONER ANNEXURES

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Annexure A1	A TRUE COPY OF THE ORDER NO.DCEKM/ 4697 /2019- E4 DATED 21.10.2019 ISSUED BY THE DEPUTY COLLECTOR, ERNAKULAM TO THE APPLICANT.
Annexure A2	A TRUE COPY OF THE REPLY TO SHOW CAUSE NOTICE DATED 3.12.2019 SUBMITTED BY THE APPLICANT.
Annexure A3	A TRUE COPY OF THE ORDER NO.DCEKM/ 4697 /2019- E4 DATED 24.07.2021 ISSUED BY THE 3RD RESPONDENT
Annexure A4	A TRUE COPY OF THE ORDER DATED 20.3.2023 IN OA (EKM) NO.1142/2021 ON THE FILES OF THIS HON'BLE TRIBUNAL.
Annexure A5	: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT BEFORE THE DISTRICT COLLECTOR DATED 21.7.2023.
Annexure A6	A TRUE COPY OF THE REQUEST DATED 11.08 .2023 SUBMITTED BY THE APPLICANT BEFORE THE DISTRICT COLLECTOR, ERNAKULAM ALONG WITH THE ACKNOWLEDGEMENT
Annexure A7	TRUE COPY OF THE PENSION PAYMENT ORDER BEARING APPLICATION NO. 10231616774 AND PPO NO. 1123284143 DATED 8/9/2023 ISSUED BY THE 4TH RESPONDENT
Annexure A 8	: TRUE COPY OF THE VERIFICATION REPORT BEARING NO.PR 21023224265 DATED 12.9.2023 ISSUED BY THE SENIOR ACCOUNTANT OFFICER OF INDIAN AUDIT AND ACCOUNTS DEPARTMENT.

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O.P. (KAT)No.23 of 2024

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Exhibit p1 TRUE COPY OF OA (EKM) NO.1645/2023 FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P2 TRUE COPY OF THE ORDER DATED 9.1.2024 IN OA(EKM) NO.1645/2023 ON THE FILES OF THE HON'BLE TRIBUNAL.

Roy M.v., v. State of Kerala , Represented by the Additional Chief Secretary to Government

Case brief

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Roy M.v., v. State of Kerala , Represented by the Additional Chief Secretary to Government

Case brief

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