State Of Kerala vs Shanmughan on 22 May, 2010

0
39
Kerala High Court
State Of Kerala vs Shanmughan on 22 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 124 of 2006()


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

                        Vs



1. SHANMUGHAN, PARAMBIKADAN HOUSE,
                       ...       Respondent

2. THE MANAGING DIRECTOR, ROADS AND

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.NARAYANA KURUP (RETD.Ag.CHIEF JUSTICE)
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :22/05/2010

 O R D E R
     THE HONOURABLE MR. JUSTICE K.NARAYANA KURUP
                      (RETIRED JUDGE)
                               AND
      THE HONOURABLE MR. JUSTICE C.K. ADBUL REHIM
                             (JUDGE)
                    -----------------------------
                     L.A.A No.124 of 2006
                    -----------------------------
            Dated this the 22nd day of May, 2010.

                           A W A R D


    Smt. Marykutty, Deputy Collector Land Acquisition ,

Thrissur, Special Thahsildar Land Acquisition representing

the State and Spceical Thahsildar Roads and Bridges

Devolopment     Corporation         the      second respondent/

requisitioning authority are present. Learned Government

Pleader on instructions from the concerned officials

submitted that subsequent to filing of the appeal entire

amount covered under the award has already been paid

and satisfaction of the award was recorded in the execution

stage. Hence it is submitted that the appeal can be closed,

making it clear that, the rates awarded in this case shall

not be treated as a precedent in any other case awarded by

                             2
L.A.A No.124 of 2006


same acquisition. Hence appeal is closed observing that

this case shall not be treated as a precedent in any other

case.


                                     K.NARAYANA KURUP
                                      (RETIRED JUDGE)


                                      C.K. ADBUL REHIM
                                            (JUDGE)
rkc


? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+WP(C).No. 17242 of 2010(E)


#1. P.A.VASUDEVAN,
                      ...  Petitioner

                        Vs



$1. STATE OF KERALA REPRESENTED BY SECRETARY
                       ...       Respondent

2. THE ACCOUNTANT GENERAL(A&E),

3. THE JOINT COMMISSIONER,OFFICE OF THE

!                For Petitioner  :SRI.P.VIJAYA BHANU

^                For Respondent  : No Appearance

*Coram
 The Hon'ble MR. Justice ANTONY DOMINIC

% Dated :03/06/2010

: O R D E R

ANTONY DOMINIC, J.

————————————————–

W.P.(C) NO.17242OF 2010 (E)

————————————————–
Dated this the 3rd day of June, 2010

J U D G M E N T

Petitioner’s wife Late Smt.C.A. Sarojini, retired as Deputy

Commissioner from Agricultural Income Tax and Sales Tax

Department on 29.2.1996. According to the petitioner although

she had 30 years of qualifying service, only 29 years was

reckoned for calculating pensionary benefits. It is stated that Smt.

Sarojini expired on 3.7.2009 and that the petitioner is getting

family pension based on the 29 years qualifying service of the

deceased. According to the petitioner the qualifying service ought

to be corrected is 30 years, and on that basis pensionary benefits

and family pension will be revised.

2. Evidently the claim relates to the service prior to 1996

when the petitioner’s wife retired from service. This claim is now

raised after 14 years of her retirement and therefore is highly

belated. Therefore at this distance of time the claim of the

petitioner cannot be admitted.

Writ Petition fails and is dismissed.

(ANTONY DOMINIC)
JUDGE
vi/

WPC.No. /09
:2 :

LEAVE A REPLY

Please enter your comment!
Please enter your name here