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HIGH COURT OF KERALA
K.M.JOSEPH, J
G.SASIKUMAR – Appellant
Versus
THE SECRETARY TO GOVT., INDUSTRIES DEPT. – Respondent
WP(C)/30991/2006
Pension - Suspension - Act Section List - The court directed the regularization of suspension period for benefits with a three-month timeline for disbursement of terminal benefits and a six-week timeline for review of representation.
Fact of the Case:
The petitioner sought to regularize his suspension period and secure disbursement of resultant pension benefits, arguing that the relevant proceedings against him were dropped.
Finding of the Court:
The court agreed to the disbursement of terminal benefits and instructed that a decision on the regularization of suspension would be made following the petitioner's representation.
Issues: Whether the petitioner is entitled to regularization of the suspension period and disbursement of terminal benefits.
Ratio Decidendi: The court held that the period of suspension could be regularized and benefits disbursed as proceedings were terminated.
Final Decision: The court ordered disbursement of terminal benefits and a decision on regularization within specified timelines.
JUDGMENT
Petitioner has approached this court seeking to regularise the period of suspension and disburse the resultant benefits. A direction is sought to revise the pension sanctioned from 01-04-2006 including the suspension period of the petitioner after sanctioning the increments due during the suspension period.
2. I heard counsel for the third respondent also. He submits that proceedings against the petitioner has been dropped. Learned counsel for the petitioner submits that the period of suspension may be regularised. In this regard, third respondent submits that if the petitioner submits a representation before the third respondent, a decision will be taken thereon in accordance with law. He also submits that terminal benefits will be disbursed to the petitioner within three months from today.
WPC No.30991/06 2 The writ petition is disposed of directing the third respondent to disburse the entire terminal benefits to the petitioner within three months from today. Further, if the petitioner moves a representation within three weeks from today seeking regularisation of the period of suspension, an appropriate decision in accordance with law thereon will be taken by the third respondent within a period of six weeks from the date of receipt of the representation. It is submitted by the learned counsel for the petitioner that the key of the depot continues with the petitioner and though he made an attempt to give it back to the third respondent, he is not receiving it. Counsel for the third respondent submits that if the petitioner hands over the key of the depot to the third respondent, he will receive it. This is recorded.
(K.M.JOSEPH, JUDGE)
sv.
WPC No.30991/06 3
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