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S. MANIKUMAR, MURALI PURUSHOTHAMAN
State of Kerala – Appellant
Versus
Hemachandran – Respondent
| Table of Content |
|---|
| 1. writ petition background and claims (Para 1 , 2) |
| 2. findings on delay in gratuity disbursement (Para 3 , 4 , 5 , 6) |
| 3. court's analysis on interest payment (Para 8 , 9 , 10 , 11) |
| 4. established principles regarding jurisdiction and compensation (Para 12 , 13 , 14) |
| 5. final dismissal of the writ petition (Para 15) |
JUDGMENT :
S. Manikumar, J.
Being aggrieved by the directions issued by the Kerala Lok Ayukta dated 19.03.2014 in complaint No.885 of 2013, Special Secretary to the Government, General Education Department, Thiruvananthapuram, has filed the instant Writ Petition for the following reliefs:-
(ii) Issue such orders to set aside Exhibit P1 order of the Hon’ble Lok Ayukta;
(iii) To declare that the petitioner had not caused any delay in disbursal of DCRG of the first respondent, over and above, time prescribed under the Service Rules entitling the petitioner to pay compensation by way of damages or interest.”
2. Short facts leading to the filing of the Writ Petition are as under:-
2.1. Petitioner is highly aggrieved by Ext. P1 order of the Lok Ayukta, directing the Governm
Payment of pension is no act of grace or bounty on part of anyone. That is a right earned by Government servant, in recognition of his past services.
Retired employees are entitled to gratuity and interest on delayed payments, with the court having no discretion to deny interest under the Payment of Gratuity Act.
The main legal point established in the judgment is the interpretation of the statutory provisions under Section 7 of the Payment of Gratuity Act, 1972, and the legal principles related to the issuan....
Retiral benefits, including gratuity and pension, constitute vested property rights under Article 300A; delayed payment breaches the right to livelihood under Article 21, and employers must timely se....
The right to interest on delayed gratuity payments is statutory and mandatory under Section 7(3-A) of the Payment of Gratuity Act, 1972.
Retiral benefits are a right of the employee, and undue delay in their disbursement by the State can lead to the imposition of interest and costs, reflecting the accountability of public authorities ....
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