Sajumon.M.M vs State Of Kerala
2022 Latest Caselaw 6163 Ker

Citation : 2022 Latest Caselaw 6163 Ker
Judgement Date : 1 June, 2022

Kerala High Court

Sajumon.M.M vs State Of Kerala on 1 June, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944

                   WP(C) NO. 17780 OF 2022

PETITIONER/S:

           SAJUMON.M.M.,
           AGED 57 YEARS
           S/O.Y.MATHEW,
           MANNA DALE, PALLIMUKKU, KUNDARA P.O.,
           KOLLAM DISTRICT, PIN-691 501.

           BY ADVS.
           BABU JOSEPH KURUVATHAZHA
           K.S.ARCHANA
           MOHAMMED SHAFI.K

RESPONDENT/S:

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

    2      DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM, PIN-695 014.

    3      DEPUTY DIRECTOR OF EDUCATION,
           THEVALLY, KOLLAM, PIN-691 009.

    4      ASSISTANT EDUCATIONAL OFFICER,
           KUNDARA, KUNDARA P.O.,
           KOLLAM DISTRICT, PIN-691 501.

    5      HEADMASTER, P.K.J.M. UP SCHOOL,
           MULAVANA, KUNDARA VIA,
           KOLLAM DISTRICT, PIN-691 501.

           SMT SABEENA P ISMAIL, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 17780 OF 2022
                                      2



                                JUDGMENT

The petitioner has approached this Court being aggrieved by the delay

and inaction on the part of the respondents in sanctioning and disbursing the

DCRG due to the petitioner. The petitioner contends that he had been

working as Headmaster in PKJM UP School, Mulavana from 2.6.1986 and had

attained superannuation on 31.05.2021 and immediately thereafter, he had

sought for disbursal of the terminal benefits due to him. However, relying on

certain audit objections, the same has not been disbursed. The petitioner

contends that though various representations have been submitted, the

same was not heeded to. It is in the afore circumstances, the petitioner had

preferred Exhibit P5 representation before respondents 2 to 4, which is

stated to be pending.

2. Sri. Babu Joseph Kuruvathazha, the learned counsel appearing for

the petitioner submits that the limited prayer sought for at this stage is for

issuance of directions to the 2nd respondent to consider Exhibit P5

representation and to take a decision in an expeditious manner.

3. I have heard Smt. Sabeena P. Ismail, the learned Government

Pleader as well. In view of the nature of order that I propose to pass, notice

to the party respondent is dispensed with. WP(C) NO. 17780 OF 2022

4. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of by

issuing the following directions:

a) There will be a direction to the 2nd respondent to take up,

consider and pass appropriate orders on Ext.P5

representation, after affording an opportunity of being

heard, either physically or virtually, to the petitioner herein

or his authorised representative and the 5th respondent.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of three months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.