Suresh.A vs Deputy Director Of Collegiate ...
2022 Latest Caselaw 8491 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                          WP(C) NO. 41568 OF 2018
PETITIONER/PETITIONER:

              SURESH.A
              AGED 59 YEARS
              SON OF KUTTAYI,RESIDING AT ARATHIL HOUSE,
              AZHINJILAM.P.O,
              MALAPPURAM DISTRICT-673027.
              BY ADV JACOB ABRAHAM


RESPONDENTS:

     1        DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
              OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
              EDUCATION, KOZHIKODE-673001.
     2        PRINCIPAL ACCOUNTANT GENERAL,
              KERALA, OFFICE OF THE ACCOUNTANT GENERAL(A AND
              E),THIRUVANANTHAPURAM-695039.
     3        THE PRINCIPAL
              SREE NARAYANA GURU COLLEGE,
              CHELANNUR,KOZHIKODE-673616.
              BY ADV GOVERNMENT PLEADER



      THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    2



W.P.(C)No. 41568 of 2018.




                            JUDGMENT

Dated this the 6th day of July, 2022.

When this matter was called today, it was conceded

that all the amounts as claimed by the petitioner and the

reliefs sought for by him have been disbursed and

granted.

2. The only question remaining is as to the

interest on the afore said amounts; but going by the

counter pleadings of the official respondents, they assert

that it is not on account of their fault that there has been

a delay.

3. Obviously, therefore, the petitioner will have to

invoke appropriate alternative remedies, if he wants to

claim interest for the delay in payment of the sums; for

W.P.(C)No. 41568 of 2018.

which, I am certain that this Court will be justified in

granting him liberty.

Resultantly, recording that petitioner has already

received all the sums as claimed by him, as also the

benefits sought; I close this writ petition; however,

leaving full liberty to the petitioner to seek interest for

the delay in payment of the said amounts before the

appropriate Forum, for which purpose, all his contentions

in this regard are left open.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/07.07.2022.

W.P.(C)No. 41568 of 2018.

APPENDIX OF WP(C) 41568/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOSTAT COPY OF GRATUITY PAYMENT ORDER DATED 7.6.2015,BEARING GPO NO.1215999982 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE GRATUITY PAYMENT ORDER DATED 25.1.2017 BEARING NO.P-09.21015433727/1/P/17/70333393 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE FIRST RESPONDENT'S LETTER BEARING NUMBER B- 2/10730/2015 DATED 6.5.2017 ISSUED TO THE 3RD RESPONDENT.

EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE 3RD RESPONDENT REPLY DATED 8.1.2017 ISSUED TO THE PETITIONER.

EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE PETITIONER'S LETTER-DATED 24.9.2018 ISSUED TO THE DIRECTOR OF COLLEGIATE EDUCATION.

Exhibit P7 A TRUE COPY OF THE FRONT PAGE OF THE TREASURY SAVINGS BANK PASS BOOK OF THE PETITIONER

Exhibit P7-A A TRUE COPY OF THE UNNUMBERED PAGE OF THE TREASURY SAVINGS BANK PASS BOOK OF THE PETITIONER.