High CourtsSingle Bench(2012) 01 KL CK 0173

Jayasree V.K. Nair vs Smt. V.L. Viswalatha, (Age and Father''s Name Not Known to the Petitioner Deputy Director of Education), Thiruvananthapuram Pin-695002

High Court Of Kerala · Decided on 19 January 2012

HON’BLE JUDGES
T.R. Ramachandran Nair, J
CASE NUMBER
COC. No. 1343 of 2011 (S)

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Judgment

5 paragraphs · 243 words

T.R. Ramachandran Nair, J.—The complaint raised by the petitioner is against the respondent herein who was the first respondent in the writ petition, being the Deputy Director of Education, Thiruvananthapuram. The allegation is that in spite of the directions issued by this Court, Annexure II proceedings alone, has been issued without disbursing the eligible benefits to the petitioner.

2.

In the affidavit filed by the respondent, it is explained that the amount sanctioned by the Accountant General is Rs.1,52,402/-, out of which an amount of Rs.77,840/- has to be deducted and the petitioner will be eligible to receive Rs.74,562/- as DCRG and that the Accountant General has taken a decision to release the said amount to the petitioner.

3.

Learned counsel for the petitioner submitted that the eligible amount of DCRG will be to the tune of Rs.3,30,000/- as evident from Annexure II. It is also submitted that the pay revision benefits have not been sanctioned and in Annexure R1 it is recorded that the period from 17.11.2003 to 31.1.2006 is sanctioned as Leave Without Allowance.

4.

Learned Government Pleader submitted that the eligible amount alone can be released now, less the recovery as evident from paragraph 6 of the affidavit and the remedy of the petitioner, if he is aggrieved by the limit of DCRG sanctioned as per Annexure R1(b), will be to challenge the same.

5.

Leaving open the above remedy of the petitioner, the Contempt of Court Case is closed.