Citation : 2024 Latest Caselaw 4264 Ker
Judgement Date : 1 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
RP NO.1223 OF 2023
AGAINST THE JUDGMENT DATED 27.03.2023 IN WP(C) NO.42496/2018
OF HIGH COURT OF KERALA
REVIEW PETITIONER/6TH RESPONDENT:
THE PRINCIPAL, AGED 49 YEARS
N.S.T.T.I, MANNAR, ALAPPUZHA, PIN - 689622
BY ADVS.
S.SUJIN
NITA.N.S.
T.N.GIRIJA
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 5 & 7:
1 SREEKALA S, AGED 38 YEARS, W/O.LATE PRAKASH G,
KRISHNAKRIPA, PERINGALA P.O KAYAMKULAM, PIN- 690559
2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA, PIN - 688001
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATION OFFICER,
MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690101
5 THE ACCOUNTANT GENERAL ( A AND E), KERALA
OFFICE OF THE ACCOUNTANT GENERAL( A AND E), KERALA
THIRUVANANTHAPURAM, PIN - 695001
6 THE SUB TREASURY OFFICER
SUB TREASURY, KAYAMKULAM, ALAPPUZHA, PIN - 690502
R.P. NO.1223 OF 2023 2
7 THE TAHASILDAR
TALUK OFFICE KARTHIKAPPILLY, ALAPPUZHA, PIN -
688001
BY ADVS.SRI.MANAS P. HAMEED
SRI.BIJOY CHANDRAN, SR.GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.P. NO.1223 OF 2023 3
JUDGMENT
This review petition is filed to review the
judgment dated 27.03.2023 in WP(C) No.42496 of
2018. This Court disposed the above writ petition
with the following directions:
"1) The respondent Nos.1 to 6 are directed to take necessary steps to disburse the DCRG, Earned Leave surrender value and other retirement benefits of deceased G.Prakash in the light of Ext.P7 as expeditiously as possible, at any rate, within two months from the date of receipt of a stamped certified copy of this judgment.
2) The petitioner is free to submit a representation before the 1st respondent claiming interest for the delayed payment of the due amount within three weeks from the date of receipt of a certified copy of this judgment.
3) Once such a representation is
received, the 1st respondent will consider the same and pass appropriate orders in it, with notice to the petitioner in accordance with law.
4) The petitioner will produce the certified copy of this judgment along with a copy of this writ petition before the respondent Nos.1 to 6 for compliance."
2. Now it is submitted by the review
petitioner that he had filed a separate writ
petition, WP(C) No.43378 of 2023, in which an
interim order was passed on 21.12.2023, which is
extracted hereunder:
"The learned Government Pleader to get instructions.
There will be a direction to respondents 2 to 4 not to disburse the terminal benefits due to the first respondent's husband Sri.G.Prakash, without getting further orders from this Court."
3. In the light of the above interim order,
the judgment impugned in this case will be subject
to the final decision in WP(C) No.43378 of 2023.
With the above observation, the review
petition is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
sp/02/02/2024
APPENDIX
PETITIONER'S EXHIBITS:-
Annexure A1 TRUE COPY OF THE JUDGMENT IN O.S NO.253/2017 DATED 25/07/2023 ON THE FILE OF COURT OF MUNSIFF CHENGANNUR Annexure A2 TRUE COPY OF THE REQUEST DATED 29/09/2023 SUBMITTED BY THE REVIEW PETITIONER BEFORE THE 3RD RESPONDENT Annexure A3 TRUE COPY OF THE REQUEST DATED 29/09/2023 SUBMITTED BY THE REVIEW PETITIONER BEFORE THE 4TH RESPONDENT
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