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HIGH COURT OF KERALA
V.GIRI, J
PRAMANJULA GOPAL – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/29011/2007
Pension - Employee Benefits - [Not Specified] - The court addressed the procedure for disbursing the DCRG to the petitioner after the death of her husband, emphasizing the need to finalize liability within a set timeframe and ensuring timely payment to the legal heir.
Fact of the Case:
The petitioner’s husband passed away while in service, and the petitioner claimed that the Death-cum-Retirement Gratuity (DCRG) due to her husband had not been paid.
Finding of the Court:
The court directed the authorities to finalize any liability related to the deceased employee within two months and to disburse the DCRG within a month thereafter, with provisions for interest in case of delay.
Issues: Whether the respondents are liable to disburse the DCRG to the petitioner and the timeline for completing the necessary procedures.
Ratio Decidendi: The court established the importance of prompt administrative action in disbursing benefits due to the deceased employee's estate and allowed the petitioner to contest any liability fixation.
Final Decision: The court ordered the timely finalization and disbursement of DCRG and other dues to the petitioner.
J U D G M E N T
Petitioner’s husband Sasikumar died on 27.12.05 while in service.
Petitioner’s grievance is that the DCRG due and admissible to Sasikumar has not been disbursed to her so far.
2. Learned Govt. Pleader on instructions submits that the liability in so far as Sasikumar is concerned, is not finalised so far. Ext.P6 representation submitted by the petitioner is pending. In the above circumstances, the writ petition is disposed of on the following terms:
(1) The 2nd respondent shall take appropriate steps to see that the liability, if any incurred by late Sasikumar, is finalised within two months from the date of receipt of a copy of this judgment.
(2) It is made clear that the question as to whether the respondents are entitled to fix the liability in relation to late Sasikumar at this point of time has not been considered. It will be open to the petitioner to file such objections as are available to her in law, if there is a proposal on the part of the 2nd respondent to fix any liability, under the account of late Sasikumar and his estate.
(3) Once the liability is so fixed or in case where no amount is fixed as liability, after completion of the procedure as outlined above, the WPC NO 29011/07 Page numbers amount due to the petitioner by way of DCRG shall be disbursed to her within a period of one month thereafter. If there is delay in disbursal of the amount due, the same will carry interest at the rate of 9% from the date on which the said period of one month expires. (4) It is further made clear that the petitioner will be entitled to challenge any proceedings, by which any liability is sought to be fixed in relation to late Sasikumar, if permissible in law and if so advised.
(5) The amount due under the account of late Sasikumar by way of GPF and pay fixation arrears shall be disbursed to the petitioner, within two months from the date of receipt of a copy of the judgment. To enable the 2nd respondent to do so, petitioner shall file a statement showing the details of other amounts due within one month from today.
V.GIRI, JUDGE vps WPC NO 29011/07 Page numbers
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