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VENU S/O. NARAYANAN, AGED 56 YEARS versus THE ACCOUNTANT GENERAL (A&E)

High Court of Kerala

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VENU S/O. NARAYANAN, AGED 56 YEARS v. THE ACCOUNTANT GENERAL (A&E) - WP(C) No. 23640 of 2003(L) [2007] RD-KL 3393 (14 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23640 of 2003(L)

1. VENU S/O. NARAYANAN, AGED 56 YEARS,
... Petitioner

Vs

1. THE ACCOUNTANT GENERAL (A&E),
... Respondent

2. DISTRICT EDUCATION OFFICER, IRINJALAKUDA

3. DEPUTY DIRECTOR OF EDUCATIN, TRICHUR.

4. PRINCIPAL, H.D.C.P.SAMAJAM HIGHER

For Petitioner :SRI.A.X.VARGHESE

For Respondent :SRI.MATHEWS K.PHILIP

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :14/02/2007

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No.23640 of 2003 Dated 14th February, 2007.

J U D G M E N T

The writ petition is filed mainly with the following prayer :-

"Issue a writ of mandamus directing the respondents to disburse the entire post retirement benefits to the petitioner including gratuity, commutation amount, family pension, other arrears of salary etc. with 12% interest, with immediate effect." Petitioner retired while working as UPSA on 31.3.2002. Pursuant to the interim order dated 24.7.2003, it appears the petitioner has received the pensionary benefits except an amount of Rs.67,065/-. Learned counsel appearing for the 4th respondent submits that the liability arose as per Ext.R4(b) audit objection of the Assistant Registrar of Cooperative Societies(General), Mukundapuram, Irinjalakkuda. He is not a party to the writ petition. Be that as it may, even going by the reply affidavit of the petitioner, if a proper audit is conducted with the participation of the petitioner, the whole issue could be given a quietus. Accordingly, the writ petition is disposed of as follows :- There will be a direction to the Assistant Registrar of WP NO.23640/03 2 Cooperative Societies (General), Mukundapuram, Irinjalakkuda to finalise the audit of accounts/to re-audit the accounts of the Society (No.R-632), for the period 8.1.1999 to 31.3.2002, with notice to the petitioner, the society and the 4th respondent, within a period of one month from the date of production of a copy of the judgment either by the petitioner or the 4th respondent. Based on the audit as above, the 4th respondent will issue a fresh non- liability certificate within another one month. Needless to say that the petitioner will cooperate with the audit party to complete the audit as above. Based on the non-liability certificate thus issued by the Assistant Registrar, the amount, if any, withheld will be released to the petitioner with 8% interest with effect from 1.4.2003 till the date of payment, within another two months.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

W.P.(C)No. of 2002

J U D G M E N T

Dated 14th February, 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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