High Court Kerala High Court

C.R. Anilkumar vs State Of Kerala on 4 February, 2010

Kerala High Court
C.R. Anilkumar vs State Of Kerala on 4 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33026 of 2008(F)


1. C.R. ANILKUMAR, AGED 39 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE SECRETARY TO GOVERNMENT,

3. THE ASSISTANT DIRECTOR,

4. THE DIRECTOR OF VOCATIONAL HIGHER

5. SRI.C.R. RAMACHANDRAN NAIR,

6. THE PRINCIPAL,

                For Petitioner  :SRI.JOHN JOSEPH VETTIKAD

                For Respondent  :SRI.S.SANTHOSH KUMAR

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/02/2010

 O R D E R
                              S. Siri Jagan, J.
               =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                      W.P(C) No. 33026 of 2008
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
              Dated this, the 4th day of February, 2010.

                            J U D G M E N T

The petitioner is the brother of a deceased L.D. Clerk of an

aided school. He filed this writ petition aggrieved by non-disbursal of

the terminal benefits due to the deceased employee. Pursuant to the

interim orders passed in this case, terminal benefits have already

been paid. But, the petitioner submits that due to the fault of some

employees concerned, the payment has been unduly delayed. He

therefore submits that the 3rd respondent may be directed to conduct

an enquiry into the delay and if there is any culpable delay on the part

of any employee, the 2nd respondent may be directed to consider the

question of payment of interest on the terminal benefits in accordance

with the Government Orders on the subject.

2. I have heard the learned Government Pleader and the

counsel for respondents 5 and 6 also.

4. In the facts and circumstances of the case, I dispose of this

writ petition with the following directions:

The 3rd respondent shall conduct an enquiry regarding delay in

disbursal of terminal benefits due to the petitioner’s brother and

submit a report to the 2nd respondent within one month from the date

of receipt of a copy of this judgment. On receipt of the same, the 2nd

respondent shall consider the same and if it is found that there is any

culpable delay in the part of any employee, the 2nd respondent shall

consider the question of payment of interest on the terminal benefits

due to the petitioner’s brother and pass orders thereon within a

period of two months from the date of receipt of the report. If the 2nd

respondent finds that there is any culpable delay and interest is

W.P.C. No. 33026/08 -: 2 :-

payable, it would be open to the 2nd respondent to recover the interest

from the person who is responsible for the delay.

Sd/- S. Siri Jagan, Judge.

Tds/