T.K. George v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 WP(C).NO. 6785 OF 2015 (W) -------------------------- PETITIONER:

------------------- T.K. GEORGE, S/O.T.P. KOCHUDEVASSY, AGED 58 YEARS, RETIRED HEADMASTER, PERPETUAL SUCCOUR HIGH SCHOOL, THIRUMUDIKUNNU, KORATTY EAST P.O., IRINJALAKUDA, THRISSUR DISTRICT, PIN-680 308, RESIDING AT THELEKKATTU HOUSE, KADUKUTTY P.O., THRISSUR DISTRICT, PIN-680 309. BY ADVS.SRI.J.JULIAN XAVIER, SRI.ROY JOSEPH.

RESPONDENTS:

------------------------

1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, PIN-695 014.

3. THE DEPUTY DIRECTOR OF EDUCATION, 2ND FLOOR, CIVIL STATION ROAD, AYYANTHOLE, THRISSUR-680 003.

4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, PIN-680 121.

5. A.K. RADHA, JR. SUPERINTENDENT (AUDIT), OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, 2ND FLOOR, CIVIL STATION ROAD, AYYANTHOLE, THRISSUR, PIN-680 003.

R1 TO R4 BY SR. GOVT. PLEADER SRI.M.A. FAYAZ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).NO. 6785 OF 2015 (W) APPENDIX PETITIONER'S EXHIBITS:- P1:- A TRUE COPY OF THE LETTER DATED 11/07/2012 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

P2:- A TRUE COPY OF THE LETTER DATED 11/07/2012 FILED BY THE 4TH RESPONDENT TO THE MANAGER, P.S.H.S., THIRUMUDIKKUNNU. P3:- A TRUE COPY OF THE LETTER DATED 07/08/2012 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

P4:

A TRUE COPY OF THE LETTER DATED 25/09/2012 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

P5:- A TRUE COPY OF THE INTERIM ORDER DATED 04/02/2013 IN WP(C).NO.28955/2012.

P6:- A TRUE COPY OF THE REPRESENTATION DATED 01/12/2014 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.6785 of 2015 ***************************************************** Dated this the 4th day of March, 2015

JUDGMENT

The petitioner retired as Headmaster in an aided school. The petitioner submits that his pension benefits were not paid within the time. This was paid after seven months and 20 days. The petitioner also pointed out in Ext.P4 letter that he has no objection in withholding pension towards any objection for disbursing pensionary benefits. In spite of that, the petitioner submits that there was latches on the part of the officials in releasing the pension. The petitioner submits that he is entitled for interest for the belated payment. Accordingly, the petitioner has approached the Government by Ext.P6. The petitioner's only limited request made before this Court is for an early disposal of Ext.P6.

W.P.(C) No.6785 of 2015 2 Considering the facts and circumstances, there shall be a direction to the first respondent to consider and pass appropriate orders on Ext.P6 after affording an opportunity of hearing to the petitioner within a period of four months. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln