K.V. Sreedharan vs Controller Of Communication … on 1 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31287 of 2009(S)


1. K.V. SREEDHARAN, S/O. SANKARAN,
                      ...  Petitioner

                        Vs



1. CONTROLLER OF COMMUNICATION ACCOUNTS,
                       ...       Respondent

2. ACCOUNTS OFFICER (ESTABLISHMENT),

3. BHARAT SANCHAR NIGAM LTD.,

4. THE KERALA STATE FINANCIAL ENTERPRISES

6. SPECIAL DEPUTY TAHSILDAR,

                For Petitioner  :SRI.R.SURENDRAN

                For Respondent  :SRI.K.KESAVANKUTTY, SC, BSNL

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :01/12/2009

 O R D E R
                KURIAN JOSEPH & C.T.RAVIKUMAR,JJ
                     ------------------------------------------
                        W.P.(C). No.31287of 2009
                          --------------------------------
               Dated this the 1st day of December,2009

                                 JUDGMENT

Kurian Joseph.J

The petitioner approached this court since he was not paid

gratuity. The Central Administrative Tribunal dismissed the application

as per Ext.P4 order and hence the writ petition.

2. According to the writ petitioner an amount Rs.90,000/-

(Rupees Ninty Thousand only) has been withheld on the ground that the

fourth respondent had requested for withholding of the amount. Now on

instruction, the learned counsel for the fourth respondent submitted that

original loanee has settled the account.

3. The learned counsel for the third respondent submitted that

the third respondent is entitled, in any case, to recover the excess

payments made by it to the petitioner. In case excess payments have

been made, it will be open to the third respondent to recover the same

with notice to the petitioner. There will be a direction to the petitioner to

appear before the third respondent on 14/12/2009. The third respondent

shall disburse the amount due to the petitioner within another one week,

after adjusting the excess payment if any made to the petitioner. The

W.P.(C). No.31287of 2009

2

question of interest is left open. It is made clear that in case no amount

is disbursed as above, the petitioner will be entitled to interest @12%

from the date of his retirement and the officers responsible for the delay

shall be personally liable for the same.

KURIAN JOSEPH, JUDGE

C.T.RAVIKUMAR,JUDGE

ssn