IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
VALSALA S. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 19455 OF 2023
| Table of Content |
|---|
| 1. approval and disbursement of retirement benefits. (Para 1 , 2) |
| 2. submission and processing of pension papers. (Para 3) |
| 3. court directives for timely action. (Para 4) |
JUDGMENT
The petitioner, having retired from the D.B. College, Sasthamkotta, on 30.04.2021, has approached this Court seeking the following directions:-
i. “To call for the records leading to Ext.P6 from the 4th respondent and issue a Writ of Certiorari or any other appropriate Writ, Order or Direction quashing Ext.P6 Order to the extend it Orders of the Respondents declining to approve the appointment of the petitioner and to disburse the salary and other emoluments, Revised Pensionary benefits, DCRG, 22 years Grade, Commutation, Earned Leave and Terminal Leave Surrender, arrears of Pension and Pensionary benefits as per Ext.P3 to P5.
ii. To issue a writ of mandamus or other appropriate Writ, Order or direction commanding the Respondents to rectify the defects in Ext.P3 Order promoting the petitioner to the post of Laboratory Assistant in Devaswom Board College, Sasthamkotta and approve the appointment to the post o Laboratory Assistant, LD Store Keeper and LD Clerk as per Ext.P3 to P5 and sanction and disburse the revised salary including arrears and revised pension and pensionary benefits, DCRG, 22 years Grade, Commutation, Earned Leave, and Terminal Leave Surrender including arrears with 18% interest from 01/05/2021 within a stipulated time as directed by this Hon’ble Court.
iii. To declare that the petitioner is entitled to get approval of appointment to the post of Laboratory Assistant, LD Store Keeper and LD Clerk as per Ext.P3 to P5 and to get sanction and disburse the revised salary, including arrears and revised pension and pensionary benefits, including arrears with 18% interest from 01/05/2021.”
2. Heard Sri. Mohan Lal B., learned counsel for the petitioner, Sri.N.B. Sunil Nath, learned Government Pleader for respondents 1 to 4, as well as Sri. G.Biju, learned counsel for respondents 5 and 6.
3. The learned counsel for the petitioner points out that the pension papers have already been approved by the 5th respondent and only the same require to be forwarded to the 4th respondent.
4. The learned Government Pleader also points out that the petitioner’s promotion to the post of Clerk has already been approved. On account of the afore, there is no impediment in processing the pension papers.
In view of the afore submission, this writ petition would stand disposed of, directing the competent among the respondents to forward the pension papers of the petitioner to the 4th respondent herein, within a period of four weeks from today, and there will also be a direction to the 4th respondent to process the papers received, as above, as expeditiously as possible, at any rate, within a further period of six weeks from the date of receipt of the papers as above.
Sd/-
HARISANKAR V. MENON
AP
JUDGE
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