C.N. GOPALA KURUP Vs. K.S.E.B.
HIGH COURT OF KERALA
C.N. Gopala Kurup
Click here to view full judgement.
(1.)An employee of the Kerala State Electricity Board is the writ petitioner. At the time of retirement he was working as Superintendent of Stores at the Regional Stores, Aluva. He retired from service with effect from 30-4-1987. He had submitted all the required documents well in advance for obtaining the retirement benefits. However, his final non liability certificate was not issued by the office with the result the benefits due to him were withheld. When approached the authorities concerned, he was told that the terminal benefits had been withheld since the disciplinary action was pending against him. The allegation was that he was responsible for the loss of 17 pieces of MS Angles valued at Rs. 12,124/-. Though Ext. P2 charge memo was issued on 21-6-1985 disciplinary action was not finalised before the retirement. It was in that background the present writ petition was filed.
(2.)There are two main prayers in the writ petition. It was prayed in the first place for a direction to the respondents to disburse the entire retirement benefits with 16% interest. In the second place, it was prayed, for a direction to the second respondent to finalise the disciplinary proceedings initiated as per Ext. P2.
(3.)In C. M. P. No 23814/88 this court had issued the following directions to the respondents:
(i) In case provisional pension had already been sanctioned, arrears of such provisional pension shall be disbursed to the petitioner.
(ii) The amount due to the petitioner as D. C. R. Gratuity less the sum of Rs. 12,124/- being the liability allegedly fixed against the petitioner (according to the instruction received by learned Standing Counsel for the respondents) shall be paid to him.
(iii) Respondents shall ensure the payment of the aforesaid amounts to the petitioner within three weeks from today.
The petitioner had admitted before this court that he had received the entire terminal benefits except a sum of Rs. 12,124/- pursuant to the aforesaid order. Therefore his subsisting grievances are only in relation to the disciplinary proceedings and disbursement of interest on terminal benefits.
Copyright © Regent Computronics Pvt.Ltd.