High Court Kerala High Court

The New India Assurance Co.Ltd vs Sibichan on 30 July, 2007

Kerala High Court
The New India Assurance Co.Ltd vs Sibichan on 30 July, 2007
       

  

  

 
 
  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/-