IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1353 of 2001(C)
1. THE NEW INDIA ASSURANCE CO.LTD
... Petitioner
Vs
1. SIBICHAN
... Respondent
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent : No Appearance
The Hon'ble MR. Justice M.M.PAREED PILLAY(RETD.CHIEF JUSTICE)
The Hon'ble MR. Justice M.R.HARIHARAN NAIR (RETD.JUDGE)
Dated :30/07/2007
O R D E R
JUSTICE M.M.PAREED PILLAY (RETD. CHIEF JUSTICE, HIGH COURT OF
KERALA) &
JUSTICE M.R.HARIHARAN NAIR (RETD. JUDGE, HIGH COURT OF
KERALA)
M.F.A. No.1353 of 2001
---------------------------
Dated this the 30th day of July, 2007
AWARD
The counsel for the appellant is present and has signed the
settlement report. The respondent has already put his signature on
26.07.07. In the circumstances an award is passed limiting the claim to
Rs.1,25,000/- (Rupees One lakh and twenty five thousand only) in the
place of the amount already awarded by the MACT. The aforesaid amount,
less the amounts if any already deposited, will be deposited before the
MACT within 60 days from today, failing which it will carry interest at the
rate of 9% per annum.
Appeal is disposed of as above.
M.M.PAREED PILLAY
(RETD. CHIEF JUSTICE, HIGH COURT OF KERALA)
M.R.HARIHARAN NAIR
(RETD. JUDGE, HIGH COURT OF KERALA)
jp
? IN THE HIGH COURT OF KERALA AT ERNAKULAM
+OP No. 11765 of 2002(A)
#1. K.A.VIJAYAN, KUNNATHUMYALIL,
... Petitioner
Vs
$1. THE DIRECTOR OF PANCHAYATS,
... Respondent
2. THE DEPUTY DIRECTOR OF PANCHAYATS,
3. THE ACCOUNTS OFFICER,
! For Petitioner :SRI.K.G.PAVITHRAN
^ For Respondent :GOVERNMENT PLEADER
*Coram
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
% Dated :26/07/2007
: O R D E R
T.R.RAMACHANDRAN NAIR, J.
= = = = = = = = = = = = = = = =
O.P.No.11765 of 2002-A.
= = = = = = = = = = = = = = = =
Dated this the 26th day of July, 2007.
J U D G M E N T
The petitioner retired from service on attaining superannuation on
30.9.2001 as Secretary of Thalappalam Grama Panchayat. This Original
Petition has been filed for a direction to the respondents to pay the provident
fund amount in the provident fund account and the Death cum Retirement
Gratuity due to him and also the pension.
2. In the statement filed on behalf of the respondents it is avered
that the Provident Fund amount of Rs.1,47,364/- has been drawn and
disbursed to the petitioner on 25.6.2002 by the 2nd respondent. As regards the
DCRG it is stated that 75% of the same has also been released to the
petitioner and the balance DCRG will be released after finalising the
liabilities in accordance with G.O.(P).No.274/86/Fin dated 31.3.1986. It is
averred in the statement that the Assistant Director of Panchayats, Kottayam
who is the pension sanctioning authority in the case of the petitioner has
sanctioned pensionary claims as per letter No.E3.8269/01 dated 25.5.2002. It
is also averred that the balance DCRG will be released shortly after receipt of
Non Liability/Liability Certificate from the offices where the petitioner had
worked. It is also evident from the statement that the petitioner was under
OP.No.11765 of 2002. 2
suspension during a particular period and the same has not been regularised
by the Government and that action is being taken by the 2nd respondent to
regularise the period of suspension so that the period can also be reckoned as
qualifying service for pension.
3. The learned counsel for the petitioner therefore submitted that a
direction may be issued to finalise the liability, if any, and disburse the
balance amount of DCRG to the petitioner. Therefore, there will be a
direction to the respondents 2 and 3 to take required steps for regularising the
period of suspension for reckoning the same as qualifying period for pension
and to release the balance amount of DCRG after finalising the liability, if
any, within a period of two months from the date of receipt of a copy of this
judgment.
The Original Petition is disposed of as above. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE.
Kvs/-