Kerala High Court
Jancy A.K vs State Of Kerala on 22 December, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
WP(C) NO. 31136 OF 2022(N)
PETITIONER:
JANCY A.K., AGED 62 YEARS, W/O K.B. SREEVALSAKUMAR, DISTRICT MANAGER
(RETD), MATSYAFED, DISTRICT OFFICE, ALAPUZHA. RESIDING AT:
NAMBIARMADOM, SOUTH GATE, AMBALAPUZHA, ALAPUZHA DISTRICT- 688561.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, FISHERIES
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001. and 3 others.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an interim order
(i) staying ARC No. 90/2019 and all proceedings therein and thereto,
forthwith and
(ii) to disburse at least 50% of the retiral benefits due as per
Exhibit P1 to P1 d(1) within a specified time, as it is long overdue and
not released inspite of 4 rounds of litigation,
pending disposal of the W.P.(C).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's orders dated
04.11.2022, and upon hearing the arguments of SRI. ABRAHAM VAKKANAL,
Senior Advocate along with M/S. PAUL ABRAHAM VAKKANAL, VINEETHA SUSAN
THOMAS and ROHITH C., Advocates for the petitioner, SRI. T.P.PRADEEP,
Advocate for R2 and R3 and of GOVERNMENT PLEADER, the court passed the
following:
p.t.o
Devan Ramachandran, J.
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W.P.(C)No.31136 of 2022
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Dated this the 22nd day of December, 2018
ORDER
It is extremely unfortunate that even though this Court has directed the respondents to pay the entire retiral benefits of the petitioner within two weeks on 04.11.2022; and though their learned Standing Counsel - Sri.T.P. Pradeep sought more time on 22.11.2022, 06.12.2022 and 15.12.2022 to comply with the same, even today, the submission made is that it has not been done solely because the Managing Director of the "Matsyafed" was not available.
2. This is a very deleterious tendency, which this Court now sees, that the parties take their own time in compliance with the directions, as if they are answerable more to their higher ups, than this Court.
3. I, therefore, adjourn this matter to be called at 1.45 P.M, on 23.12.2022, for compliance with the directions; or else the 3rd respondent - Managing Director, will remain W.P.(C)No.31136 of 2022 2 present before this Court to explain why.
Hand over.
Sd/-Devan Ramachandran, Judge lsn 22-12-2022 /True Copy/ Assistant Registrar