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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
Satheeshkumar K.k.s/o The Late P.r.kuttappan Nair – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
ZIYAD RAHMAN A.A., J.
This writ petition was submitted by the petitioner, who retired from service on superannuation, while working as a Higher Secondary School Teacher (Senior Selection Grade) from SMV NSS Higher Secondary School, Kallara on 31.05.2023. The grievance highlighted by the petitioner is regarding the non-disbursement of retirement benefits. The relief sought in this writ petition are as follows:
i) To issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to sanction and disburse pension and other retirement benefits payable to the petitioner in accordance with Rule 1 of Chapter XXVII-B of the Kerala Education Rules admissible on his retirement attaining the age of superannuation on 31.05.2023 with penal interest at the rate of 15% on the amounts payable to the petitioner from the date the pension and other retiral benefits became due to the date of actual payment forthwith.
ii) To issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to pay a compensation for the loss and damage suffered by the petitioner and his family by reason of non-payment of pension and retirement benefi
Pension is a constitutional right and must be disbursed timely; claims for compensation due to delays require evidence and cannot be resolved in writ proceedings.
Pension - Pension, gratuity and other retirement benefits are no longer matters of any bounty to be distributed by the Government but are valuable rights acquired and property in their hands and any ....
The Tribunal erred in attributing delay in pension payment to the petitioner; interest at 6% is due under Clause-5 of the government resolution for delayed retiral benefits.
The court established that retirees are entitled to interest on delayed pension payments when the delay is not attributable to their actions, reinforcing the principle that pension is a right earned ....
The main legal point established in the judgment is that a former employee is entitled to interest on delayed retirement benefits if the delay is attributable to the employer, as per the Railway Serv....
The main legal point established in the judgment is the violation of DCRB guidelines by the respondent No.3, leading to the delay in processing the petitioner's retiral benefits, and the court's dire....
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