Kerala High Court
S.D.Krishnan Thambi vs Travancore Devaswom Board on 30 June, 2020
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942
WP(C).No.12987 OF 2020(W)
PETITIONER:
S.D.KRISHNAN THAMBI,
AGED 57 YEARS,
S/O DAMODARAN NAMBI,
KARTHIKA, EVOOR VADAKKU, CHEPPAD P.O.,
KARTHIKAPALLI TALUK, ALAPPUZHA-690 507.
BY ADV. SRI.D.AJITHKUMAR
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY,
NANTHANCODE, NANTHANCODE.P.O.,
THIRUVANANTHAPURAM-695 003.
2 SECRETARY,
TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, NANTHANCODE P.O.,
THIRUVANANTHAPURAM-695 003.
3 DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, NANTHANCODE.P.O.,
THIRUVANANTHAPURAM-695 003.
4 DEPUTY DEVASWOM COMMISSIONER,
PENSION AND SERVICE GRIEVANCE REDRESSAL CELL,
TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, NANTHANCODE P.O.,
THIRUVANANTHAPURAM-695 003.
5 DEVASWOM ACCOUNTS OFFICER,
DEVASWOM ACCOUNT OFFICE,
TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, NANTHANCODE P.O.,
THIRUVANANTHAPURAM-695 003.
R1-5 BY G BIJU -SC FOR TDB .
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.12987 OF 2020
2
JUDGMENT
Dated this the 30th day of June 2020 The petitioner retired from service on 28-02-2019, while working as Special Grade Sub Group Officer, Mukhathala Devaswom. He had 34 years of service under the Board.
2. It is the grievance of the petitioner that till date the respondents have not finalised and disbursed the pension, commutation and gratuity of the petitioner. The respondents have granted the petitioner only minimum pension of Rs.8500/- as per Exhibit P1.
3. According to the petitioner though he has submitted Exhibits P2 to P4 representations before the respondents 3,5 and 1 respectively, requesting them to finalise and disburse DCRG, pension and commutation, no action has been taken.
4. In the above circumstances, the WP(C).No.12987 OF 2020 3 petitioner seeks a direction to the respondents to finalise and disburse the DCRG, pension, commutation and the last pay forthwith.
5. Heard Sri. D.Ajithkumar, the learned counsel for the petitioner and G. Biju, the learned Standing Counsel appearing for the respondents.
6. The learned counsel for the petitioner reiterated the contentions raised in the Writ Petition. He prayed that a direction to the respondents to finalise and disburse the DCRG, pension, commutation and last pay of the petitioner in a time sake.
7. The learned Standing Counsel appearing for the respondents submitted that the pension papers pertaining to the petitioner are pending consideration before the respondents. The first respondent will take a decision on Exhibit P4 pending before him within a period of two months from today and, thereafter, the petitioner's WP(C).No.12987 OF 2020 4 last pay would be fixed and other benefits will be disbursed to him within a further period of one month .
8. Taking into consideration the fact that the petitioner had retired from service as early as on 28-02-2019, which is nearly one and a half years, and the submission of the learned Standing Counsel for the respondents, I deem it appropriate to direct the first respondent to consider and pass orders on Exhibit P4 representation and fix the last pay of the petitioner and pay all the retiremental benefits including DCRG, pension and commutation within a period of 60 days from today.
This Writ Petition is ordered
accordingly.
Sd/-
C.S.DIAS
JUDGE
SSK/30/06
WP(C).No.12987 OF 2020
5
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PENSION PAYMENT ORDER OF
THE 5TH RESPONDENT REGARDING THE PAYMENT OF MINIMUM PENSION DATED 03/02/2020. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 22/05/2019 SENT BY PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 09/06/2019 SENT BY PETITIONER TO THE 5TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 09/08/2019 SENT BY PETITIONER TO THE 1ST RESPONDENT BOARD.
EXHIBIT P5 TRUE COPY OF THE TREATMENT CERTIFICATE DATED 02/08/2019 ISSUED TO THE PETITIONER FROM THE ST. GREGORIOUS MEDICAL MISSION HOSPITAL, PATHANAMTHITTA.
RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE