K. Premachandran vs State Of Kerala
2025 Latest Caselaw 351 Ker

Kerala High Court

K. Premachandran vs State Of Kerala on 5 June, 2025

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

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O.P.(KAT) No. 236/2025
                                                              2025:KER:39664



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                       &

                   THE HONOURABLE MR. JUSTICE JOHNSON JOHN

            THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947

                            OP(KAT) NO. 236 OF 2025

       AGAINST THE ORDER DATED 18.11.2019 IN OA NO.761 OF 2018 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

PETITIONER/APPLICANT:

             K. PREMACHANDRAN, AGED 64 YEARS,
             S/O K.K KESAVA KURUP SANGEETH, TC, 55/337(4), F6, AMRITHA NAGAR,
             PAPPANAMCODE P.O, THIRUVANANTHAPURAM, PIN - 695 018.


             BY ADVS.
             SHRI.R.S.LAKSHMAN
             SMT.SUDAKSHINA MENA PRASAD
             SHRI.NIRANJAN M.S.
             SMT.AGRAJHA S.A.


RESPONDENTS/RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL
             SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE,
             THIRUVANANTHAPURAM, KERALA, PIN - 695 001.

      2      THE DIRECTOR, DIRECTORATE OF URBAN AFFAIRS, SWARAJ BHAVAN,
             NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695 033.

      3      THE ACCOUNTANT GENERAL, AG'S OFFICE COMPLEX, M.G ROAD,
             THIRUVANANTHAPURAM, PIN - 695 001.


      THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION

      ON 05.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O.P.(KAT) No. 236/2025
                                                                 2025:KER:39664



                                   JUDGMENT

Dated this the 5th day of June, 2025

A.Muhamed Mustaque, J.

This Original Petition is at the instance of the applicant before

the Tribunal in O.A. No. 761 of 2018. The petitioner retired from the

service as Municipal Secretary, Local Self Government Department,

Kerala, on 31.03.2016. He was not paid DCRG for the reason that

disciplinary proceedings were pending. Later, disciplinary

proceedings were dropped on 29.04.2017 and thereafter, his

retirement benefits were sanctioned as per order dated 25.05.2017.

2. However, the benefits were not given for the reason that

there was delay in issuing 'No Liability Certificate'. The 'No Liability

Certificate' was later issued on 27.10.2017 with certain objection that

an amount of Rs.2,33,879/- will have to be withheld from the DCRG.

A surcharge certificate was issued on 12.12.2017 and the same was

set aside by the District Court, Kollam. Anyway, ultimately, DCRG

appears to have been paid.

3. The petitioner approached the Tribunal seeking a relief for

disbursal of DCRG along with 18% interest and the Tribunal passed

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the following order:

"In view of the above, the Original Application is disposed of with the

following directions:

(a) Considering that the disciplinary action against the applicant was dropped on 29-4-2017, there will be a direction to the 1 st respondent to pay interest at the rate of 7% from 1-8-2017 till the date of payment.

b) There will also be a direction to release the withheld amount of Rs.1,02,612/-, as the above liability has been set aside by Annexure-A18 order.

© The above directions will be complied with within three months of receipt of a certified copy of this order."

The Tribunal passed the impugned order on 18.11.2019. The

petitioner came with the Original Petition before this Court on

28.05.2025. Nearly six years have elapsed after the judgment of the

Tribunal.

4. The learned counsel for the petitioner submitted that due

to the latches on the part of the counsel who handled the matter

before the Tribunal, he could not challenge the order of the Tribunal.

We are not impressed with this petition, even though there is no

limitation prescribed for filing the Original Petition under Article 227

of the Constitution of India. The applicant before the Tribunal is not

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diligent enough and no sufficient cause is made out for the delay in

filing the Original Petition and therefore, we are not inclined to

entertain this Original Petition.

Accordingly, this Original Petition stands dismissed in limine for

the delay and latches.

sd/-

A.MUHAMED MUSTAQUE, JUDGE.

sd/-

JOHNSON JOHN, JUDGE.

ASH

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APPENDIX OF OP(KAT) 236/2025

PETITIONER'S ANNEXURES:

Exhibit P1-Annexure A1 TRUE COPY OF THE CIRCULAR NO. 14/97/FIN DATED 10.03.1997.

Exhibit P1-Annexure A2 TRUE COPY OF THE CIRCULAR NO. 20426/ADV/C3/89/P&ARD DATED 07.03.1990 Exhibit P1-Annexure A3 TRUE COPY OF THE GOVERNMENT CIRCULAR NO.

77/2011/FIN DATED 02.11.2011 Exhibit P1-Annexure A4 TRUE COPY OF THE CIRCULAR NO. 8/2008/FIN DATED 12.02.2008 Exhibit P1-Annexure A5 TRUE COPY OF THE VERIFICATION REPORT NO.P.R 2101663489/ P.II/ 3/ 1016305522 DATED 12.08.2016. Exhibit P1-Annexure A6 TRUE COPY OF THE CIRCULAR NO. 61/91/FIN DATED 04.11.1991.

Exhibit P1-Annexure A7 TRUE COPY OF THE ORDER NO. E2/2015/16 DATED 15.10.2016.

Exhibit P1-Annexure A8 TRUE COPY OF THE ORDER NO. E2/2015/16 DATED 05.12.2016.

Exhibit P1-Annexure A9 TRUE COPY OF THE INTIMATION SLIP OF PENSION ORDER NO. P11/2101663489/3/P/16/10/70322655 DATED 21.12.2016.

Exhibit P1-Annexure A10 TRUE COPY OF THE LAST PAY CERTIFICATE DATED 03.02.2017.

Exhibit P1-Annexure A11 TRUE COPY OF THE LETTER NO. E2-2015/16 DATED 27.05.2017.

Exhibit P1-Annexure A12 TRUE COPY OF THE VERIFICATION REPORT NO.P.R.2101663489/P II/3/1517353096 DATED 29-06-2017. Exhibit P1-Annexure A13 TRUE COPY OF THE LEGAL NOTICE DATED 09.10.2017 OF THE APPLICANT TO THE 2ND RESPONDENT Exhibit P1-Annexure A13 (a) TRUE COPY OF THE POSTAL RECEIPT DATED 09.10.2017. Exhibit P1-Annexure A13 (b) TRUE COPY OF THE RETURNED ACKNOWLEDGEMENT CARD DATED 14.10.2017 Exhibit P1-Annexure A14 TRUE COPY OF THE LETTER NO. E2-2 2015/16 DATED 27-10 2017.

Exhibit P1-Annexure A15 TRUE COPY OF THE LETTER NO. K.SA 14228/SPL.CELL/CSC/A1/2013(2) DATED 18/10/2016. Exhibit P1-Annexure A16 TRUE COPY OF THE STAY ORDER DATED 14.10.2015 IN IA NO. 2072/15 IN OP(LFA) NO. 534/2015 OF THE HON'BLE DISTRICT COURT, KOLLAM.

Exhibit P1-Annexure A17 TRUE COPY OF THE LETTER NO. PL/2489/2017 DATED 26.12.2017 FROM THE PENSION PAYMENT SUB TREASURY OFFICER, TRIVANDRUM TO THE APPLICANT Exhibit P1-Annexure A18 TRUE COPY OF THE STAY ORDER DATED 12.12.2017 IN

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OP(LFA) NO. 534/2015 AND OP(LFA) NO. 535/2015 OF THE HON'BLE DISTRICT COURT, KOLLAM.

Exhibit P1-Annexure A19 TRUE COPY OF THE PROCEEDINGS NO. P2 - 10017/17 DATED 11.12.2017.

Exhibit P1-Annexure A20 TRUE COPY OF THE REQUEST DATED 11.05.2018 OF THE APPLICANT TO THE 1ST RESPONDENT.

Exhibit P1-Annexure A20(a) TRUE COPY OF THE RECEIPT DATED 12.05.2018 FROM THE PROFESSIONAL COURIER, TRIVANDRUM Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT IN OA 761/2018 DATED 27.03.2019. Exhibit P2-Annexure R2(a) TRUE COPY OF THE LETTER NO. E2-2015/16 DATED 25.07.2018 OF THE DIRECTOR OF URBAN AFFAIRS ALONG WITH NON - LIABILITY CERTIFICATE Exhibit P2-Annexure R2(b) TRUE COPY OF THE LETTER NO. KSA 13537/S.1/2015(2) DATED 09.05.2018 OF THE KERALA STATE AUDIT DEPARTMENT.

Exhibit P2-Annexure R2(c) TRUE COPY OF THE ORDER OF THE HONOURABLE TRIBUNAL IN OA 1230/2017 DATED 31.08.2017.

Exhibit P5-Annexure P1 TRUE COPY OF THE ORDER DATED 18.11.2019 IN OA

Exhibit P5-Annexure P2 TRUE COPY OF THE LETTER DATED 25.11.2019 ADDRESSED TO THE 1ST RESPONDENT.

Exhibit P5-Annexure P3 TRUE COPY OF THE REPLY TO THE LETTER DATED 25.11.2019 ADDRESSED TO THE 1ST RESPONDENT. Exhibit P5-Annexure P4 TRUE COPY OF THE LETTER NO. P11/3/2101663489/570 DATED 13.12.2019.

Exhibit P5-Annexure P5 TRUE COPY OF THE REQUEST ADDRESSED TO THE 2ND RESPONDENT BY THE APPLICANT DATED 20.01.2020. Exhibit P5-Annexure P6 TRUE COPY OF THE REQUEST ADDRESSED TO THE 2ND RESPONDENT BY THE APPLICANT DATED 09.06.2020. Exhibit P6-Annexure R1(a) TRUE COPY OF THE PROCEEDINGS NO. E2-2015/2016 DATED 01.01.2021 OF THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM.

Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION NO. 761 OF 2018 FILED BY THE PETITIONER BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 21.05.2018. Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT IN OA 761/2018 DATED 27.03.2019 Exhibit P3 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT IN RESPONSE TO THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT DATED 24.05.2019.

Exhibit P4 CERTIFIED COPY OF THE ORDER DATED 18.11.2019 BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM IN OA 761 OF 2018 FILED BY THE

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PETITIONER.

Exhibit P5 TRUE COPY OF THE CONTEMPT PETITION (CIVIL) NO. 122 OF 2020 FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BY THE PETITIONER DATED 18.08.2020.

Exhibit P6 TRUE COPY OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT WITH MISCELLANEOUS APPLICATION FOR EXEMPTION OF PERSONAL APPEARANCE OF THE RESPONDENT. IN CP(C) NO. 122/2020 IN OA NO. 761/2018 DATED 26.10.2021 Exhibit P7 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT TO THE CONTEMPT PETITION IN CP(C) NO. 122/2020 IN OA NO. 761/2018 DATED 22.10.2021 Exhibit P8 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT IN RESPONSE TO THE REPLY STATEMENT FILED BY THE 1ST AND 2ND RESPONDENT. IN CP(C) NO. 122/2020 IN OA NO. 761/2018 DATED 29.07.2021.

Exhibit P9 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT WITH MISCELLANEOUS APPLICATION FOR EXEMPTION FROM PERSONAL APPEARANCE OF THE 2ND RESPONDENT IN CP(C) NO. 122/2020 IN OA NO. 761/2018 DATED 27.10.2021.

Exhibit P10 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT IN RESPONSE TO THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT IN CP(C) NO. 122/2020 IN OA NO. 761/2018 DATED 06.12.2021.

Exhibit P11 TRUE COPY OF THE AFFIDAVIT FILED BY THE ADDITIONAL 3RD RESPONDENT IN CP(C) NO. 122/2020 IN OA NO. 761/2018 DATED 07.02.2022.

Exhibit P12 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER IN RESPONSE TO THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT DATED 03.03.2022.

Exhibit P13 TRUE COPY OF GOVERNMENT ORDER (P) NO.185/2002/FIN DATED 27.03.2002.

RESPONDENTS' ANNEXURES: NIL

/True Copy/

P.A to Judge.