Kerala High Court
Mohandas V vs State Of Kerala on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 9254 OF 2023
PETITIONER:
MOHANDAS V.,
AGED 57 YEARS,
S/O. VELAYUDHAN, ANASWARA, CANARA BANK COLONY,
CHANDRANAGAR P.O., PALAKKAD 678 007.
BY ADV T.RAJASEKHARAN NAIR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE ADDITIONAL CHIEF SECRETARY,
FINANCE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-, PIN - 695 001.
3 THE PRINCIPAL ACCOUNTANT GENERAL (A&E) KERALA,
OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A&E),
THIRUVANANTAHAPURAM-, PIN - 695 001.
4 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY WING)HOUSING BOARD BUILDING,
SHANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695 001.
5 THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION,
MALAPPURAM, PIN - 676 504.
SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.9254 of 2023 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 9254 of 2023
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Dated this the 24th day of March, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
i. Issue a Writ of certiorari or any other appropriate writ order
to quash Ext.P5 to the extent of fixing the ceiling limit for
enhancement of DCRG from Rs.14 lakhs to Rs.17 lakhs as
w.e.f.01.04.2021.
ii. To issue a writ of Mandamus or any other appropriate Writ
order of direction directing the respondents to fix the cut off
date for enhancement of the DCRG from Rs.14 lakhs to Rs.17
lakhs from the date of retirement of the petitioner and to direct
the respondents to sanction and pay the arrears of DCRG to
the petitioners with all other consequential benefits with
interest till the date of disbursement.
iii. To issue a writ of Mandamus or any other appropriate Writ
order by declaring that the petitioners are entitled DCRG as
per the Payment of Gratuity Act. And the eligible DCRG to
the petitioner as per the Payment of Gratuity Act shall be
disbursed to the petitioner, at the earliest with interest.
iv. To dispense with filing of translation of vernacular
documents.
v. Issue such other writ or order or direction as this
Honourable Court may be fit in the circumstances of the
case.
2. The petitioner retired from service on 31.03.2020 as HSST in
KSCPHSS Kavassery in Malappuram. After his retirement his pensionary
benefits including DCRG have been authorized and disbursed to him by
Ext.P1. The amount of DCRG due was actually calculated and sanctioned
as Rs.15,48,612/-. It is the case of the petitioner that he was paid only 14
lakhs due to the restriction of maximum limit of Rs.14 lakhs. It is the case
of the petitioner that the petitioner's revised pension proposal had been
submitted before the authorities by Ext.P2. The third respondent also
issued revised pension and payment order on 05.01.2022 to the petitioner
by Ext.P3. It is the case of the petitioner that the Government has revised
the pay and allowances of the State Government employees and teachers
by implementing the recommendation of the 11 th pay revision commission
by issuing G.O.(P)No.27/2021 dated 10.02.2021 as evident as Ext.P4. The
Government also issued Ext.P5 Government order subsequently. It is the
case of the petitioner that similarly situated persons like the petitioner have
already approached this Court by filing W.P.(C).No.40570/2022 and this
Court considered the matter in detail and held that the petitioner's in those
cases are entitled to get the enhanced amount of DCRG with effect from
the date of retirement. Ext.P6 is the judgment. The learned counsel for the
petitioner submitted that the petitioner is also entitled the entire DCRG
amount. Hence this petition.
3. Heard the learned counsel for the petitioner and the learned
Government Pleader.
4. It is conceded by both sides, that the point raised in this
petition is covered in favour of the petitioner in Ext.P6. In the light of the
above facts and also in the light of Ext.P6 judgment, I think the petitioner
is entitled the reliefs.
Therefore, this writ petition is allowed in the following manner;
(i) It is declared that the petitioner is entitled DCRG
as per the payment of Gratuity Act.
(ii) The eligible balance DCRG due to the petitioner
as per the payment of Gratuity Act shall be
disbursed to the petitioner, as expeditiously as
possible, at any rate, within a period of three
months from the date of receipt of a stamped
certified copy of this judgment.
(iii) The petitioner is entitled the statutory interest
as per the payment of gratuity.
The writ petition is allowed as above.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ak
APPENDIX OF WP(C) 9254/2023
PETITIONER EXHIBITS:-
Exhibit P1 A TRUE COPY OF THE VERIFICATION REPORT
DATED 28.12.2021 ISSUED BY THE 3RD
RESPONDENT.
Exhibit2 A TRUE COPY OF THE REVISION PROPOSAL AS
PER CIRCULAR DATED 19.3.2021 ALONG WITH
STATEMENT OF FIXATION OF PAY SUBMITTED BY
THE PRINCIPAL OF THE SCHOOL.
Exhibit P3 A TRUE PHOTOCOPY OF THE REVISED PENSION
AND PAYMENT ORDER DATED 5.1.2022.
Exhibit P4 A TRUE COPY OF THE RELEVANT EXTRACT OF THE
ORDER IN G.O.(P)NO.27/2021 DATED
10.2.2021.
Exhibit P5 A TRUE COPY OF THE G.O.(P) NO.30/2021/FIN.
DATED 12.2.2021.
Exhibit P6 A TRUE PHOTOCOPY OF THE JUDGMENT DATED
14.2.2023 IN WP(C).NO 40570/2022 PASSED BY
THIS COURT.
Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED
8.03.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
