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Kerala High Court

S. Mohanakumar vs The State Of Kerala on 21 August, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                                                        2024:KER:64020



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

      WEDNESDAY, THE 21ST DAY OF AUGUST 2024 / 30TH SRAVANA, 1946

                           WP(C) NO. 16327 OF 2023

PETITIONER:

              S. MOHANAKUMAR
              AGED 58 YEARS
              S/O. SATHYANESAN RESIDING AT , DREAM LAND,
              PARAKKATTVILA VEEDU, PERINGODU, PALLICHAL,
              NEMOM P.O., THIRUVANANTHAPURAM, PIN - 695 020.

              BY ADV T.RAJASEKHARAN NAIR


RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY THE SECRETARY,
              PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM,
              PIN - 695 001.

     2        THE CHIEF ENGINEER
              PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE BUILDING,
              THIRUVANANTHAPURAM, PIN - 695 001.

     3        THE DIRECTOR
              KERALA STATE INSURANCE DEPARTMENT,
              INSURANCE DIRECTORATE, TRANS TOWERS, VAZHUTHAKADU,
              THYKADU P.O., THIRUVANANTHAPURAM., PIN - 695 014.

              BY ADV. MARY BEENA JOSEPH, SENIOR GOVERNMENT PLEADER.



         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

21.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16327 of 2023          : 2 :

                                                        2024:KER:64020




                              JUDGMENT

The petitioner retired from service as a Driver from the Public Works Department in May, 2019, on superannuation. At the time of entry in service, the petitioner had joined the State Life Insurance and Group Insurance Policy governed by the 3 rd respondent. After his retirement, the petitioner submitted Exts.P1 and P3 representations before the 3rd respondent for disbursement of the amounts due under the State Life Insurance Policy and the Group Insurance Policy. The 3 rd respondent issued Exts.P2 and P4 communications stating that the petitioner has to produce an indemnity bond and other records for disbursement of the aforesaid benefits. The petitioner states that even though he has submitted all WP(C) NO. 16327 of 2023 : 3 : 2024:KER:64020 the documents required by the 3 rd respondent in Exts.P2 and P4, he has not yet been disbursed the benefits.

2. Heard the learned Counsel for the petitioner and the learned Government Pleader for respondents.

3. The petitioner submits that he has produced all the documents required in Exts.P2 and P4 as evident from Ext.P6. The petitioner further submits that if any other details pertaining to his service are required, the same can be obtained from the 2 nd respondent, the Chief Engineer, Pubic Works Department.

4. In the said circumstances, there will be a direction to the 3rd respondent to disburse the entire amounts due to the petitioner under the State Life Insurance and Group Insurance Policy, as expeditiously as WP(C) NO. 16327 of 2023 : 4 : 2024:KER:64020 possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. In case the documents cannot be obtained from the 2 nd respondent, the petitioner shall be informed of the same.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO. 16327 of 2023 : 5 : 2024:KER:64020 APPENDIX OF WP(C) 16327/2023 PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 12.10.2021.

EXHIBIT P2 A TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 29/10/2021.

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 12.10.2021.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 29.10.2021.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.10.2021.

EXHIBIT P6 A TRUE PHOTOCOPY OF THE LETTER DATED 06.08.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.