Single judge allowed the Official Liquidator's application to disburse Children Education Assistance. The court authorized payment of Rs. 15,000 per child, capped at two children per employee, funded by the Establishment Fund for regular staff.
The Company Application is allowed; Official Liquidator to pay Rs. 15,000 per child (max 2) up to Intermediate stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE N.R.L. NAGESWARA RAO
COMPANY APPLICATION No.486 OF 2013
ORDER:
The application is filed by the Official Liquidator for providing Children Education Assistance to the Company paid staff.
2. Evidently, the amount is being spent from the Estate and Establishment Fund Account, which is a separate fund. It is not a fund provided by the Government and it is only a fund created by collecting the contribution from the interest that was gained on the deposits. Earlier also, when such reliefs were claimed with regard to H.R.A. and D.A. and salary etc., this Court has consistently considered the request of the Official Liquidator in C.A.Nos.288 of 2001, 851 of 2002, 1432 of 2003, 1621 of 2004 and 1756 of 2004.
3. As per the information given by the Official Liquidator the fund available is nearly Rs.19,00,00,000/- and there are about 40 Company paid employees. The Official Liquidator recommends for payment of Rs.15,000/- for each child.
4. Therefore, on proof of production of certificate of education of the children by the employees, a sum of Rs.15,000/- each shall be payable for the children of the employees. The payment shall not exceed for more than two children of each employee. The Official Liquidator has to take into consideration the proof of the
relationship of the children and also the particulars of their education and admission into the schools.
5. In view of the fact that the Central Government accords such sanction only up to intermediate, the Official Liquidator also shall pay the same only to the students up to Intermediate.
Accordingly, the Company Application is allowed.
_______________________________ JUSTICE N.R.L. NAGESWARA RAO
Date: 25.04.2013 INL
2 issues framed by the court
Whether the Official Liquidator is entitled to grant Children Education Assistance from the Company paid staff fund.
What are the monetary limits and eligibility criteria for such educational assistance?
Colour shows how this judgement treated each authority
C.A. Nos. 288 of 2001, 851 of 2002, 1432 of 2003, 1621 of 2004 and 1756 of 2004Referred¶5
1 provisions across 1 enactments
Official Liquidator
N.R.L. NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
