Valsala M.C vs State Of Kerala on 12 June, 2023

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Kerala High Court

Valsala M.C vs State Of Kerala on 12 June, 2023

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                      WP(C) NO. 11576 OF 2023
PETITIONER:

           VALSALA M.C
           AGED 60 YEARS
           W/O K. KUNHIMADHAVAN RETD. UPSA,
           VAZHUVANNAVERS UP SCHOOL, KEEZHUR RESIDING AT
           SREELAKSHMI KEEZHOOR, IRITTY, KANNUR, PIN - 670703
           BY ADVS.
           KEERTHI M.
           ARJUN RAJA P.C.
           AKSHAY VENU

RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             FINANCE (PENSION-B) DEPARTMENT,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
      2      THE ACCOUNTANT GENERAL (A&E)
             OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A&E)
             KERALA, THIRUVANANTHAPURAM-, PIN - 679039
      3      THE DEPUTY DIRECTOR OF EDUCATION
             OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION
             KANNUR-, PIN - 670002
      4      THE ASSISTANT EDUCATIONAL OFFICER
             OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER
             KANNUR NORTH, KANNUR-, PIN - 670002
             SMT.SURYA BINOY,GP.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.06.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.11576/2023

                                     2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.11576 of 2023
             ----------------------------------------------
            Dated this the 12th day of June, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

i. To declare that the petitioner is entitled to receive the Death Cum Retirement Gratuity as per the Gratuity Act.

ii. To issue a writ of mandamus or other writ or any other appropriate writ order or direction, directing the respondent to disburse the eligible Death Cum Retirement Gratuity to the petitioner with statutory interest within a time frame fixed by this Honourable Court.

iii. Issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.

(SIC)

2. When this writ petition came up for consideration, the counsel for the petitioner submitted that the point raised in this writ petition is covered in favour of the petitioner as per Ext.P2 judgment. Even though the Government Pleader submitted that the point raised in the writ petition is covered WP(C).No.11576/2023 3 in favour of the petitioner by Ext.P2, she submitted that the Government filed a writ appeal against the judgment. But, admittedly there is no interim order.

3. In the light of the same, I am of the view that the benefit of Ext.P2 judgment is entitled to the petitioner also. Therefore, this writ petition is to be allowed in the light of Ext.P2 judgment.

Therefore, this writ petition is allowed in the following manner:

1. It is declared that the petitioner is entitled DCRG as per the Payment of Gratuity Act. The eligible DCRG as per the Payment of Gratuity Act shall be disbursed to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a stamped certified copy of this judgment.

2. The question of interest is left open.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.11576/2023 4 APPENDIX OF WP(C) 11576/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EXTRACT OF THE PENSION PAYMENT ORDER DATED 26/02/2018 SHOWING THE AMOUNT OF RETIREMENT GRATUITY Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 14/02/2023 IN W.P(C) 32745/2022 AND CONNECTED CASES

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