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2022 Supreme(Online)(KER) 55297

HIGH COURT OF KERALA
ALEXANDER THOMAS, Murali Purushothaman, JJ
STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT – Appellant
Versus
KRISHNA KUMAR.P.V – Respondent
WA/95/2022



Advocates:
GOVERNMENT PLEADER SRI. A.J.VARGHESE (SENIOR)

The court underscored the necessity of timely disbursement of undisputed amounts owed to retired teachers, favoring practical compliance over bureaucratic delays.

Headnote:

Payment - Writ Appeals - G.O.(P) No.162/2021/Fin - Court emphasized timely disbursement of admitted amounts to retired teachers of aided colleges.

Fact of the Case:

Writ appeals were filed contesting an interim order that mandated the State of Kerala to process payments of undisputed amounts owed to retired teachers, who had been awaiting this disbursement for over six months.

Finding of the Court:

The court determined that the delays were unreasonable and instructed the State to ensure payments within a maximum of three months, affirming that procedural formalities should not hinder the clear release of owed amounts.

Issues: The primary issue was whether the State could meet the time requirements for processing undisputed payments as directed by the interim order.

Ratio Decidendi: The court established that ensuring timely payments is paramount, especially for owed, undisputed amounts, and procedural bureaucracies should not delay their release.

Final Decision: The writ appeals were disposed of, mandating prompt payment processing without further delay.

J U D G M E N T

ALEXANDER THOMAS, J.

These appeals arise out of the impugned interim order rendered by the learned Single Judge in the writ petitions concerned, on 2.12.2021 thereby it was ordered that the first and second respondents in the Writ Petitions (State of Kerala and the Government and Departmental authorities concerned) shall make payment of the arrears within a period of one week from the date of receipt of a copy of the order. The official respondents in W.P.(C)s have filed these writ appeals stating that the time granted by the learned Single Judge is too short and that it is extremely difficult to meet with such a short time of one week to process the entire papers and to honour the admissible and undisputable amounts, for which according to them the bills will have to be presented by the Principals of the aided colleges concerned. We are told that the main objections raised by the appellants is only regarding inadequacy of time to comply with the directions. We specifically queried to Sri. A.J.Varghese, the learned Senior Government Pleader as to whether the appellants/official respondents in the W.P.(C)s have any objections in ensuring that the admissible and undisputed amounts covered by the Government Orders in question, be disbursed to the respective writ petitioners, without any further delay. We say so, as the impugned interim order was rendered by the learned Single Judge as early as on 2.12.2021 and now more than 6 months have elapsed. Since the main grievance of the State and Departmental authorities was regarding the inadequacy of time, we feel that these appeals need not be kept any longer. The appellants need not prolong the process of paying the undisputed and admissible amounts as per the Government Orders concerned to the writ petitioners concerned who are retired teachers of aided and affiliated colleges. From the submissions of Sri.V.Krishna Menon, the learned counsel appearing for the contesting respondents in some of the appeals, it appears that certain other issues are emanating from G.O.(P)162/20221/Fin. Dated 2.12.2021, (produced as Annexure A2 in W.A.2/2022) issued by Finance Department of the State Government. All issues on the merits of the matter including those arising out of aforesaid Annexure A2 G.O.dated 2.12.2021 could be the subject under consideration by the learned Single Judge in the W.P(C)s from which these appeals have arisen. Hence, it is ordered that the appellants will ensure that the undisputed and admissible amounts, in terms of the government orders shall be released and cleared to the respective writ petitioners in these writ appeals without any further delay, preferably, within two months, at any rate within the outer limit of 3 months from the date of production of a copy of this judgment. Sri. A.J.Varghese, learned Senior Government Pleader appearing for the appellants would also submit that since the writ petitioners are borne in the services of aided colleges, the procedural formality is that the bills for the due amounts concerned will have to be presented by respective Principal of the aided colleges concerned to the Deputy Director of Collegiate Education concerned and only thereafter, that the departmental authorities can take steps for processing the claims and to authorise the release of admissible and undisputable amounts. That is a matter to be resolved by the appellants. However, the Deputy Director, Collegiate Education concerned of the various regions may ensure that they co- ordinate further steps in that regard with the respective Principals of the respective colleges concerned and will ensure that the procedural formality involved in the submission of any such bills by the principals concerned is complied. It is for the Deputy Director of Education concerned to ensure that such bills are presented by the Principals concerned and admissible amounts are thereafter honoured and cleared by the Departmental authorities without any further delay. The main i

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