K. Rajan vs Travancore Devaswom Board
2021 Latest Caselaw 3938 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                       WP(C).No.21489 OF 2020(I)


PETITIONER:

                K. RAJAN,
                AGED 59 YEARS
                S/O. KRISHNAN, KAKKANATTU , MANGANAM P.O, KOTTAYAM
                DISTRICT.

                BY ADVS.
                SRI.K.MOHANAKANNAN
                SRI.H.PRAVEEN (KOTTARAKARA)

RESPONDENT/S:

      1         TRAVANCORE DEVASWOM BOARD,
                REPRESENTED BY ITS SECRETARY, NANTHANCODE,
                THIRUVANANTHAPURAM 695 001

      2         THE DEVASWOM COMMISSIONER,
                TRAVANCORE DEVASWOM BOARD, NANTHANCODE P.O,
                THIRUVANANTHAPURAM 695 003

      3         THE ACCOUNTS OFFICER,
                TRAVANCORE DEVASWOM BOARD, NANTHANCODE P.O,
                THIRUVANANTHAPURAM 695 003

                R1-R3 BY ADV. SRI.G.BIJU

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21489 OF 2020
                                       2



                                JUDGMENT

Dated this the 3rd day of February 2021

This writ petition is filed seeking directions to the respondents to

release the terminal benefits due to the petitioner. An interim order was

rendered on 15.12.2020, directing the payment of the admitted retirement

benefits to the petitioner.

2. It is submitted by the learned counsel for the petitioner that the

admitted retirement benefits have now been paid to the petitioner.

However, by Ext. R1(b), it is stated that the liability has been fixed on the

petitioner, without hearing.

3. In the above view of the matter, this writ petition is closed, leaving

open the contentions of the petitioner and preserving his liberty to

challenge the fixation of liability in accordance with law, by filing another

writ petition.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.21489 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 18-1-2019 IN WRIT PETITION NO. 42114/2018

EXHIBIT P2 TRUE COPY OF THE PROCEEDING OF THE 1ST RESPONDENT DATED 29-1-2020

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 21-

05-2020 BEFORE THE 3RD RESPONDENT

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION ON 05-07-

2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION SENT BY THE DEVASWOM ACCOUNTS OFFICER TO THE ASSISTANT DEVASWOM COMMISSIONER KOTTARAKARA DATED 25- 08-2020 WITH COPY OF THE ORDER DATED 21-08-

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 01-10-2020

RESPONDENT'S/S EXHIBITS:

ANNEXURE R1(a) TRUE COPY OF THE ORDER NO.ROC 3105/12/EST.I DATED 19.11.2020 ISSUED BY THE BOARD

ANNEXURE R1(b) TRUE COPY OF THE REPORT NO.617 DATED 02.12.2020 PREPARED BY THE ASSISTANT DEVASWOM AUDIT OFFICER, KOTTARAKKARA STATING THE LIABILITY EXISTING IN THE NAME OF PETITIONER