Kerala High Court
Vimala Mathew vs 1. State Of Kerala Represented By ... on 10 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
WP(C) NO. 4608 OF 2023
PETITIONER/S:
VIMALA MATHEW, AGED 54 YEARS
[FORMERLY WORKING AS LPSA, ST. MARY'S UP SCHOOL,
MUNGOD, CHANNAPETTA, KOLLAM DISTRICT] RESIDING AT
KYPAN PLACKAL HOUSE, KARUKONE P.O, KOLLAM
DISTRICT,, PIN - 691306
BY ADVS.
BOBBY JOHN
VENKIDESWARAN.S
AJIT KUMAR V.K.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO
THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT
SECRETARIATE (ANNEX -2), THIRUVANANTHAPURAM,PIN -
695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY,THIRUVANANTHAPURAM,, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM
KOLLAM- ELAMBALLOR ROAD, THEVALLY NAGAR, PALACE
NAGAR, THEVALLY, KOLLAM, PIN -691009, PIN -
691009
4 THE ASSISTANT EDUCATIONAL OFFICER, ANCHAL
ANCHAL P.O, KOLLAM DISTRICT, PIN-691306, PIN -
691306
5 THE CORPORATE MANAGER, CATHOLIC SCHOOLS
BISHOPS HOUSE, PUNALUR, PIN 691305, PIN - 691305
6 THE ACCOUNTANT GENERAL (A& E),
AUDIT BHAVAN, STATUE, THIRUVANANTHAPURAM, PIN -
695001
OTHER PRESENT:
GP SRI. K.M FAISAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 4608 of 2023
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) No. 4608 of 2023
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Dated this the 10th day of February, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"i) to issue a writ in the nature of mandamus or any
other appropriate writ or order directing the 1 st
respondent to grant Commuted value of pension and
DCRG to the petitioner expeditiously within a time limit
fixed by this Hon'ble court;
ii) to issue a writ in the nature of certiorari or any other
appropriate writ or order quashing Ext. P4 order passed
by the 2nd respondent to the extent it directs initiation of
departmental proceedings against the petitioner on the
basis of super check mentioned therein;
iii) to issue a writ in the nature of mandamus or any other
appropriate writ or order directing the 3 rd respondent to
consider and pass orders in Ext. P6 representation
expeditiously, after affording an opportunity of personal
hearing, within a time limit fixed by this Hon'ble court;
iv) to pass such other orders as this Hon'ble court may
deem fit and proper in the facts and circumstances of the
case;
v) to award the cost of the proceeding to the petition;
AND
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W.P.(C). No. 4608 of 2023
vi.) to exempt the petitioner from producing the true
English translations of the Malayalam documents
produced in the writ petition as Exhibits." (sic)
2. The petitioner who was working as a Lower Primary
School Assistant in an aided School is aggrieved by the non-
disbursal of her Commuted value of pension and DCRG. On
01.06.1992, the petitioner was appointed as an LP School teacher
(LPSA) under the 5th respondent, and thereafter, she has been
continuously working as such till she took VRS w.e.f.
01.08.2022. However, the Commuted value of pension and
DCRG have not been disbursed so far. The petitioner submitted
Ext.P6 before the 3rd respondent. The grievance of the petitioner
is that the admissible amount is not disbursed to the petitioner and
the representation is also not considered.
3. Heard the counsel for the petitioner and the
Government Pleader.
4. If there is no other legal impediment the petitioner is
entitled DCRG and commuted value of pension. Therefore, there
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W.P.(C). No. 4608 of 2023
can be a direction to the 3rd respondent to consider and take
appropriate action in Ext.P6 and disburse the eligible amount, if
any, to the petitioner within a time frame.
Therefore, this writ petition is disposed of in the following
manner:
1. There will be a direction to the 3 rd respondent to
consider and pass appropriate orders in Ext.P6 and
disburse the eligible amount of DCRG and commuted
value of pension, as expeditiously as possible, at any
rate, within three months from the date of receipt of a
copy of this judgment.
2. The petitioner will produce a certified copy of this
judgment together with a copy of this writ petition
before the 3rd respondent for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
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W.P.(C). No. 4608 of 2023
APPENDIX OF WP(C) 4608/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF VRS APPROVAL ORDER DATED
05.11.2022, ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE NOTICE DATED
18.06.2020 ISSUED BY THE 2ND RESPONDENT
TO THE MANAGER OF 'ST. MARY'S UP
SCHOOL, MUNGOD
Exhibit P3 TRUE COPY OF THE REPLY DATED
29.11.2020, SUBMITTED BY THE HEAD
MISTRESS OF 'ST. MARY'S UP SCHOOL,
MUNGOD TO THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE ORDER DATED 31.10.2022
ISSUED BY THE 2ND RESPONDENT TO MANAGER
OF THE 'ST. MARY'S UP SCHOOL, MUNGOD
Exhibit P5 TRUE COPY OF THE REVISION DATED
28.11.2022, FILED BY 5TH RESPONDENT
BEFORE THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
18.01.2023, SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE PENSION SANCTIONING
ORDER DATED 20.01.2023, ISSUED FROM THE
OFFICE OF THE ACCOUNTANT GENERAL (A&
E), THIRUVANANTHAPURAM TO THE
PETITIONER
Exhibit P8 TRUE COPY OF THE CERTIFICATE DATED
02.02.2023, ISSUED BY THE HEAD MISTRESS
OF THE 'ST. MARY'S UP SCHOOL, MUNGOD'
STATING THAT SOORYA DEV V IS STUDYING
IN THE SCHOOL
Exhibit P9 TRUE COPY OF THE CERTIFICATE DATED
02.02.2023, ISSUED BY THE HEAD MISTRESS
OF THE 'ST. MARY'S UP SCHOOL, MUNGOD'
STATING THAT THE PETITIONER WAS THE
CLASS TEACHER OF STANDARD 2 IN THE
SCHOOL DURING THE RELEVANT YEAR.
Exhibit P10 TRUE COPY OF THE NOTARIZED AFFIDAVIT OF
THE PARENTS OF THE SAID STUDENT,
NAMELY, SOORYA DEV V, DATED 04.02.2023
