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.
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W.P(C) No. 33026 of 2008
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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/