SATHEESHKUMAR K. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition was submitted by the petitioner, who retired from service on superannuation, while working as a Higher Secondary School Teacher (Senior Selection Grade) from SMV NSS Higher Secondary School, Kallara on 31/5/2023. The grievance highlighted by the petitioner is regarding the non-disbursement of retirement benefits. The relief sought in this writ petition are as follows:

(2.) During the pendency of the writ petition, an interim order was passed by this Court on 23/2/2024 directing the respondents to disburse the entire pensionary benefits due to the petitioner within two weeks. Accordingly, the pensionary benefits were granted to the petitioner on 13/3/2024 and 14/3/2024. Now, what remains in this writ petition is the claim of interest for the belated payment and pension, and for compensation for the loss suffered by the petitioner and his family for non-payment of pension in time. The facts which are necessary for resolving the dispute involved in this case are as follows:

(3.) Later, in the trial conducted, the petitioner was found to be not guilty and accordingly he was acquitted as per Ext.P5 judgment rendered by the Additional Sessions Judge-1 Alappuzha. As a consequence of the same, the period of suspension from 1/11/2016 to 18/6/2017 was regularized on 7/6/22 as admissible duty as per Ext.P6 order. Later, as the petitioner was due to retire on 31/5/2023, the petitioner submitted Ext.P9 application for pension with requisite documents before the 3rd respondent on 28/3/2023. However, the 4th respondent-Regional Deputy Director (RDD), Chengannur, requested the 3rd respondent to forward the service book of the petitioner to his office, stating that the General Education Department, at Secretariat had instructed to get the service book of the petitioner for verification, and accordingly, the same was forwarded to the 4th respondent. On account of the same, the pension could not be processed and therefore acting upon the representation submitted by the petitioner, the Principal of SMV NSS Higher Secondary School, Kallara requested the 4th respondent to return the service book of the petitioner for processing the pension papers. Since the same was not acted upon, a further representation was submitted by the petitioner before the 2nd respondent.