C.V.Sajikumar vs Kerala State Housing Board
2023 Latest Caselaw 10787 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                    WP(C) NO. 34632 OF 2023
PETITIONER:

          C.V.SAJIKUMAR
          AGED 64 YEARS
          RETIRED ASSISTANT ENGINEER, KERALA STATE HOUSING
          BOARD, DIVISIONAL OFFICE, ALAPPUZHA, RESIDING AT
          CHANIYIL VEEDU, CMC 9, CHERTHALA P.O, PIN - 688524

          BY ADVS.
          S.P.ARAVINDAKSHAN PILLAY
          N.SANTHA
          PETER JOSE CHRISTO
          V.VARGHESE
          K.N.REMYA
          S.A.ANAND
          VISHNU V.K.
          ABHIRAMI K. UDAY
          L.ANNAPOORNA


RESPONDENTS:

    1     KERALA STATE HOUSING BOARD
          SANTHI NAGAR, THIRUVANANTHAPURAM, REPRESENTED BY ITS
          SECRETARY, PIN - 695001

    2     THE SECRETARY
          KERALA STATE HOUSING BOARD, SANTHI NAGAR,
          THIRUVANANTHAPURAM, PIN - 695001

    3     CHIEF ACCOUNTS OFFICER
          KERALA STATE HOUSING BOARD, SANTHI NAGAR,
          THIRUVANANTHAPURAM, PIN - 695001

    4     FINANCE MANAGER
          KERALA STATE HOUSING BOARD, SANTHI NAGAR,
          THIRUVANANTHAPURAM, PIN - 695001

    5     EXECUTIVE ENGINEER,
          KERALA STATE HOUSING BOARD, DIVISION OFFICE,
          ALAPPUZHA, IRUMBUPALAM P.O., ALAPPUZHA, PIN - 688011
 W.P(C) No.34632 of 2023      2




             SRI. V HARISH, SC FOR KERALA STATE HOUSING BOARD.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C) No.34632 of 2023            3




                                JUDGMENT

The petitioner states that while working in the post of Assistant

Engineer in the Kerala State Housing Board, he attained superannuation on

31.1.2015. His grievance is that he has not been paid any of his retirement

benefits except the provisional pension. He also asserts that the liability has

been fixed upon him without prior notice, which, according to the petitioner,

cannot be sustained under law. In the said circumstances, he asserts that

the entire work, as mentioned in Ext.P3, has been concluded within the

tenure of the petitioner. He asserts that he has filed Ext.P4 representation

before the 2nd respondent seeking disbursal of retirement benefits,

including DCRG.

2. Though various reliefs are sought for, when the matter came up

for consideration, the learned counsel appearing for the petitioner submitted

that for the time being, his request is for issuance of directions to the 2nd

respondent to consider and pass orders on Ext.P4 in accordance with law.

3. Heard the learned Standing Counsel who submits that there is

no impediment in considering the said request.

Having regard to the facts and circumstances, this writ petition is

ordered and the following directions are issued.

a) There will be a direction to the 2nd respondent to

consider Ext.P4 representation with notice to the petitioner and

take a decision on its merits and in accordance with the law

expeditiously in any event, within a period of six weeks from the

date of receipt of a copy of this judgment.

b. The petitioner shall place a copy of the writ petition

along with the judgment before the concerned respondent to

ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

IAP

APPENDIX OF WP(C) 34632/2023

PETITIONER'S EXHIBITS:

Exhibit-P1 TRUE COPY OF THE ORDER HBO NO.31/ADII(b)9400/14 DATED 04.02.2016 OF THE 2ND RESPONDENT.

Exhibit-P2 TRUE COPY OF THE ORDER NO.A1/PENSION REVISION/2020 DATED 19.12.2020 OF THE 4TH RESPONDENT.

Exhibit-P3 TRUE COPY OF THE LETTER NO.B1/ESTT./RETIREMENT/LIABILITY DATED 16.04.2015 OF THE 5TH RESPONDENT ADDRESSED TO THE 2ND RESPONDENT.

Exhibit-P4 TRUE COPY OF THE REPRESENTATION DATED 27.09.2023 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit-P5 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD