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P.P.MOHANAN versus STATE OF KERALA

High Court of Kerala

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P.P.MOHANAN v. STATE OF KERALA - OP No. 38324 of 2002(K) [2007] RD-KL 14590 (31 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 38324 of 2002(K)

1. P.P.MOHANAN,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. THE SENIOR ACCOUNTS OFFICER,

3. THE DISTRICT/SUB TREASURY OFFICER,

For Petitioner :SRI.R.K.MURALEEDHARAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :31/07/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

O.P.No.38324 OF 2002

Dated this the 31st day of July, 2007



JUDGMENT

The date of retirement of the petitioner is indisputably before the date on which Ext.P4 came into play. Therefore, the new formulae brought in as per Ext.P4 cannot govern the case of the petitioner and hence, the impugned recovery of commuted value of pension as per Ext.P2 does not stand. Under such circumstances, this writ petition is to succeed. In the result, Ext.P2 is quashed. The writ petition is allowed as above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.
=======================

THOTTATHIL B. RADHAKRISHNAN, J

O.P.NO.38324 OF 2002

JUDGMENT

31st JULY, 2007.
=======================


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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