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2020 Supreme(Online)(KER) 46968

HIGH COURT OF KERALA
Devan Ramachandran, J
SUDHAKARAN V.K – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.R.K.MURALEEDHARAN, SRI. UNNIKRISHNA KAIMAL - GP

JUDGMENT

Dated this the 8th day of December 2020 The petitioner has approached this court impugning Exhibits P12 to P13 communications, leading to Exhibit P16 final liability certificate, on the ground that no amount can be recovered from the Death-cum-Retirement Gratuity (DCRG) due to him in view of the Full Bench judgment of this Court in K.Chandran v. State of Kerala ( 2020 (5) KLT 669 ).

2. The petitioner, consequently, prays that the respondents be directed to disburse the entire DCRG, sanctioned to him vide Exhibit P9, with 12% interest from 30.04.2017 within a time frame to be fixed by this Court.

3. In response to the afore submissions, the learned Government Pleader submitted that since the petitioner only requires payment of DCRG, a decision thereon shall be taken by the competent respondent as early as possible. On the question of regularisation of the period of suspension of the petitioner, he prayed that this Court may not look into the same, since another writ petition is pending with respect to the said issue.

4. When I consider the afore submissions, it is indubitable that on account of the Full Bench judgment in K.Chandran (supra), no recovery is possible from the DCR

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