N.Radhakrishnan vs State Institute Of Languages
2024 Latest Caselaw 10903 Ker

Kerala High Court

N.Radhakrishnan vs State Institute Of Languages on 12 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                      WP(C) NO. 10236 OF 2006




PETITIONER:

             N.RADHAKRISHNAN
             NODIYAPARAMBIL HOUSE, ARIYALLOOR P.O.,,
             MALAPPURAM DISTRICT.
             BY ADVS.
             SRI.P.K.SURESH KUMAR
             SRI.K.P.SUDHEER

RESPONDENTS:

      1      STATE INSTITUTE OF LANGUAGES
             REPRESENTED BY ITS SECRETARY,
             THIRUVANANTHAPURAM.
      2      STATE OF KERALA
             REPRESENTED BY ITS SECRETARY,
             DEPARTMENT OF CULTURAL AFFAIRS,
             THIRUVANANTHAPURAM.
      3      ASSISTANT DIRECTOR
             STATE INSTITUTE OF LANGUAGES,
             REGIONAL OFFICE, KOZHIKODE.
             BY ADVS.
             SRI.JAWAHAR JOSE, SC, STATE INSTITUTE OF LANGUAGES
             SR.GOVERNMENT PLEADER SMT.PRINCY XAVIER
             SRI.GEORGE POONTHOTTAM SC SIL KERALA


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    12.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.10236/2006

                                        2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.10236 of 2006
             ----------------------------------------------
            Dated this the 12th day of April, 2024


                              JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to immediately disburse the Death-cum-Retirement Gratuity and the commuted value of pension to the petitioner with 12% interest on the aforesaid amounts for the entire period during which its payment is delayed. ii. issue other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

iii. issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to refix the DCRG in terms of Exhibit P9 order and disburse the same with applicable interest to the petitioner forthwith. iv. declare that the amount fixed as liability in Exhibits P3 and P4 order is without authority and illegal and direct the respondents to pay the entire DCRG due to the petitioner without deducting the alleged liability.

(SIC)

2. When this writ petition came up for consideration,

the Government Pleader handed over the documents to show

that the petitioner received DCRG. The same will be part of

the record.

In the light of the same, this writ petition is closed. If

there is any surviving grievance, the petitioner is free to

agitate the same separately.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 10236/2006

PETITIONER EXHIBITS EXHIBIT P 1 COPY OF THE PROCEEDINGS DATED 03.09.2003 OF THE LOCAL FUND AUDIT WING, STATE INSTITUTE OF LANGUAGES AUDIT EXHIBIT P 2 COPY OF THE REPRESENTATION DATED 30.03.2004 SUBMITTED BY THE PETITIONER BEFORE THE ADDL.SECREATRY, DEPT. OF CULTURAL AFFAIRS EXHIBIT P 3 TRUE COPY OF ORDER NO.

E1/1338/1982/SIL DATED 07.11.2006 ISSUED BY THE DIRECTOR IN CHARGE, KERALA STATE INSTITUTE OF LANGUAGE. EXHIBIT P 4 TRUE COPY OF ORDER NO. 33/ PENSION/ 2006/ KGCIEPS DATED 07.11.2006 ISSUED BY THE PENSION SANCTIONING AUTHORITY, KERALA GOVERNMENT CULTURAL INSTITUTIONS EMPLOYEES PENSION SCHEME. EXHIBIT P 5 TRUE COPY OF LETTER NO.

33/PENSION/2006/KGCIEPS DATED 15.12.2006 ISSUED BY THE NODAL OFFICER (PENSION), THE STATE INSTITUTE OF LANGUAGES, KERALA TO THE PETITIONER EXHIBIT P 6 TRUE COPY OF ORDER NO.

E1/1338/1982/SIL DATED 8.1.2007 ISSUED BY DIRECTOR OF KERALA STATE INSTITUTE OF LANGUAGES, KERALA.

EXHIBIT P 7 TRUE COPY OF ORDER NO. E1/1338/1982/ SIL DATED 15.2.2007 ISSUED BY THE DIRECTOR, KERALA STATE INSTITUTE OF LANGUAGES EXHIBIT P 8 TRUE COPY OF THE REPLY DATED 27.2.2007 SUBMITTED BY THE PETITIONER TO THE DIRECTOR, KERALA STATE INSTITUTE OF LANGUAGES EXHIBIT P 9 TRUE COPY OF G.O. (MS) NO. 42/2007/ CAD DATED 30.3.2007 ISSUED BY THE GOVERNMENT OF KERALA, CULTURAL AFFAIRS (C) DEPARTMENT EXHIBIT P 10 TRUE COPY OF ORDER NO. A5.5078/12/ DC

DATED 30.5.2012 ISSUED BY THE DIRECTOR OF CULTURE.

EXHIBIT P 11 TRUE COPY OF REQUEST DATED 2.12.2023 SUBMITTED BY THE PETITIONER TO THE DIRECTOR, KERALA STATE INSTITUTE OF LANGUAGES RESPONDENTS EXHIBITS R1(A) COPY OF THE LETTER GIVEN ON 5.8.2005 WITH PARTICULARS OF THE OFFICERS WHO WERE GIVEN THE PROMOTIONS WITH PARTICULARS R1(B) COPY OF THE LETTER NO.E1/376/00/SIL DATED 20.12.2005