Kerala High Court
Narayanan A vs State Of Kerala on 3 March, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:17476
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
OP(KAT) NO. 82 OF 2025
THE ORDER DATED 06.11.2024 IN OA (EKM) NO.371 OF 2022 OF KERALA
ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)
PETITIONER/APPLICANT:
NARAYANAN A
AGED 59 YEARS
S/O LATE KUNHIRAMAN NAMBIAR, RETIRED SENIOR CLERK,
TALUK SUPPLY OFFICE, VADAKARA, RESIDING AT PARVATHY
HOUSE, PAZHANKAVU, NUT STREET P.O., VADAKARA,
KOZHIKODE, PIN - 673104
BY ADVS.SRI.PIRAPPANCODE V.S.SUDHEER
SRI.AKASH S.
SRI.GIRISH KUMAR M S
SMT.SRIVIDYA K
SRI.RICHU THERESA ROBERT
SMT.RAJALAKSHMI.R.
SMT.RADHIKA SUDHEER
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOOD &
CIVIL SUPPLIED DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
OP(KAT)No.82 of 2025
2
2025:KER:17476
2 DIRECTOR OF CIVIL SUPPLIES
DIRECTORATE OF CIVIL SUPPLIES, PUBLIC OFFICE
BUILDING, VELLAYAMBALAM, THIRUVANANTHAPURAM,
PIN - 695033
3 DISTRICT SUPPLY OFFICER, KOZHIKODE
COLLECTORATE, ERANHIPALAM, KOZHIKODE,
PIN - 673020
4 THE CIVIL SUPPLIES COMMISSIONER,
OFFICE OF THE CIVIL SUPPLIES COMMISSIONERATE
PUBLIC OFFICE COMPLEX, THIRUVANANTHAPURAM.,
PIN - 695033
5 TALUK SUPPLY OFFICER, VADAKARA,
MINI CIVIL STATION, COURT ROAD, VADAKARA,
KOZHIKODE, PIN - 673104
6 THE ACCOUNTANT GENERAL (A&E), KERALA
OFFICE OF THE ACCOUNTANT GENERAL, CANTONMENT
STATION ROAD, STATUE, THIRUVANANTHAPURAM,
PIN - 695001
BY SRI.SUNIL KUMAR KURIAKOSE, GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 03.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(KAT)No.82 of 2025
3
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JUDGMENT
Dated this the 3rd day of March, 2025
A.Muhamed Mustaque, J.
The petitioner is the applicant before the Kerala
Administrative Tribunal, Thiruvananthapuram (Additional Bench
at Ernakulam, for short 'the Tribunal'). He retired as a Senior
Clerk from Taluk Supply Office, Vadakara on 31.05.2020. He
received GPF amount on 26.04.2021 and DCRG amount on
06.03.2021. Alleging a delay in the disbursal of pensionary
benefits, he approached the authorities to claim it. That was
declined. Thereupon, he approached the Tribunal. The Tribunal
also did not interfere.
2. We do not find any wilful laches on the part of
Government Officials in disbursing the pensionary benefits as
above. It is to be noted that the State of Kerala was reeling
under the Covid, and some delay might have occurred in
processing it, as many of the offices were shut down and many
officers could not attend the offices. No wilful laches have been
2025:KER:17476
pointed out except the aforesaid delay. The delay has been
explained in the reply affidavit filed before the Tribunal by the
State Officials. The Tribunal appraised the facts and found that
there was absolutely no merit.
3. We do not find any reason to interfere in the matter
invoking the power under Article 227 of the Constitution of
India.
The Original Petition stands dismissed in limine.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
MJL
2025:KER:17476
APPENDIX OF OP(KAT) 82/2025
PETITIONER'S ANNEXURES:
Exhibit P1 TRUE COPY OF THE OA NO. 371/2022 FILED
BEFORE THE HON'BLE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM
(ADDITIONAL BENCH AT ERNAKULAM) DATED
03.03.2022
Annexure A1 TRUE COPY OF THE ORDER NO.CS 4.858/04
DATED 14.07.2004 OF THE DISTRICT SUPPLY
OFFICER, KOZHIKODE
Annexure A2 TRUE COPY OF THE ORDER NO.CS 2-1502/17
DATED 29.05.2020 OF THE TALUK SUPPLY
OFFICER, VADAKARA
Annexure A3 TRUE COPY OF THE REPRESENTATION DATED
24.02.2021 SUBMITTED BY THE APPLICANT
BEFORE THE COMMISSIONER OF CIVIL
SUPPLIES.
Annexure A4 TRUE COPY OF THE LETTER
NO.CCS/1709/2020-J7 DATED 01.03.2021 OF
THE 2ND RESPONDENT
Annexure A5 TRUE COPY OF THE REPRESENTATION DATED
16.09.2021 SUBMITTED BY THE APPLICANT
BEFORE THE COMMISSIONER OF CIVIL
SUPPLIES, COMMISSIONERATE OF CIVIL
SUPPLIES, THIRUVANANTHAPURAM
Annexure A6 TRUE COPY OF THE LETTER NO.CCS
1709/2020-J7 DATED 26.10.2021 OF THE
SENIOR ADMINISTRATIVE OFFICER, ATTACHED
TO THE OFFICE OF THE COMMISSIONER OF
CIVIL SUPPLIES
2025:KER:17476
Annexure A7 TRUE COPY OF THE LETTER
NO.SR.DAG(A)/C.CELL/RTI/83/2021 22/310
DATED 07.09.2021 SENIOR DEPUTY
ACCOUNTANT GENERAL (ADMN.) AND CENTRAL
PUBLIC INFORMATION OFFICER, OFFICE OF
THE PRINCIPAL ACCOUNTANT GENERAL
Annexure A8 TRUE COPY OF THE LETTER NO.CS-10-
960/2019 DATED 17.12.2021 OF THE
DISTRICT SUPPLY OFFICER, KOZHIKODE
Annexure A9 TRUE COPY OF THE NON LIABILITY
CERTIFICATE NO.D7-25910/20 DATED
30.01.2021 ISSUED BY THE ADDITIONAL
GENERAL MANAGER, SUPPLYCO HEAD OFFICE,
ERNAKULAM
Annexure A10 TRUE COPY OF THE NON LIABILITY
CERTIFICATES NO.CCS/1709/2020-17 DATED
18.09.2020 ISSUED BY THE SENIOR
ADMINISTRATIVE OFFICER
Annexure A11 TRUE COPY OF THE LETTER
NO.CCS/1709/2020-J7 DATED 04.02.2022 OF
THE SENIOR ADMINISTRATIVE OFFICER,
CIVIL SUPPLIES COMMISSIONERATE
Annexure A12 TRUE COPY OF THE
G.O(RT)NO.2295/2021/H&FWD DATED
23.10.2021
Annexure A13 TRUE COPY OF THE ORDER DATED 06.11.2019
OF THIS HON'BLE TRIBUNAL IN
O.A.NO.1856/2019.
Exhibit P2 TRUE COPY OF THE MISCELLANEOUS
APPLICATION, MA NO. 572 OF 2024 IN OA
NO. 371 OF 2022 DATED 16.03.2024 FILED
BY THE PETITIONER
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Exhibit P3 REPLY STATEMENT FILED IN OA NO. 371 OF
2022 BY THE 3RD RESPONDENT DATED
20.05.2022
Exhibit P4 TRUE COPY OF THE REPLY STATEMENT FILED
IN OA NO. 371 OF 2022 BY THE 1ST
RESPONDENT DATED 30.04.2024
Annexure R1(a) TRUE COPY OF THE LETTER NO.CS3-315/2020
DATED 15.05.2020
Exhibit P5 REPLY STATEMENT FILED ON BEHALF OF THE
6TH RESPONDENT DATED 01.10.2024
Exhibit P6 TRUE COPY OF THE REJOINDER FILED BY THE
PETITIONER IN OA NO. 371 OF 2022 DATED
19.07.2024
Exhibit P7 TRUE COPY OF THE ORDER OF THE HON'BLE
KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM (ADDITIONAL BENCH AT
ERNAKULAM) IN OA NO. 371 OF 2022 DATED
06.11.2024
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED
06.10.2023 OF THIS HON'BLE COURT IN
Exhibit P9 TRUE COPY OF THE ORDER DATED 10.08.2023
OF THE CENTRAL ADMINISTRATIVE TRIBUNAL.
ERNAKULAM BENCH IN O.A.508/2021.
