High CourtsSingle Bench(2012) 11 KL CK 0151

K.M. Retnamma, No. 761120189 Head Constable/Nursing Assistant, Office of The Deputy Inspector General of Police (Medical), Composite Hospital, Central Reserve Police Force, Pallipuram, Thiruvananthapuram - 695316 vs The Deputy Inspector General of Police (Medical), Composite Hospital, Central Reserve Police Force, Pallipuram, Thiruvananthapuram - 695316, The Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Pallipuram, Thiruvananthapuram - 695316, The Inspector General, Southern Sector, Central Reserve Police Force, Raod No. 10C, New MP/MLA Colony, Gayathri Hills, Hyderabad- 500033 and The Director General, Central Reserve Police Force, CGO Complex, Lodhi Road, New Delhi- 110001

High Court Of Kerala · Decided on 6 November 2012

HON’BLE JUDGES
P.R. Ramachandra Menon, J
CASE NUMBER
WP. (C) . No. 11396 of 2012 (Y)

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Judgment

9 paragraphs · 347 words

Justice P.R. Ramachandra Menon

1.

The petitioner has approached this Court with the following prayers:

1.

A writ of mandamus or other appropriate writ, order or direction directing the respondents to release the leave encashment and insurance amount at the earliest.

2.

A writ of mandamus or other appropriate writ, order or direction directing the respondents to release the arrears consequent upon grant of 3rd financial upgradation under Modified Assured Career Progression Scheme granted as per Ext. P2.

3.

A writ of mandamus or other appropriate writ, order or direction directing the respondents to pay interest at the rate of 9% on belated payment of pensionary benefits.

When the matter came up for consideration before this Court on 21.8.2012, the following interim order was passed:

I.A. No. 9947/2012 is filed by the petitioner seeking a direction to the respondents to release the Group Insurance amount due to the petitioner. I.A. No. 9948/2012 is filed for a direction to the respondents to revise the pensionary benefits due to the petitioner taking into account the 3rd MACP which has already been sanctioned and arrears paid and to release the arrears of revised pensionary benefits consequently.

Subsequently, it was submitted by the learned Standing Counsel for the respondents on 1.11.2012 that, all the benefits payable to the petitioner had already released as pointed out in the counter affidavit, which aspect was sought to be confirmed from the part of the petitioner. The learned counsel for the petitioner submits that, after filing the writ petition, the reliefs sought for by the petitioner have been granted and that the only issue remains is the eligibility of the petitioner to get ''interest'' in respect of the belated payment of the pension arrears.

2.

After hearing both the sides, and taking note of the particular facts and figures, this Court finds that, the question with regard to the claim of the interest could be left open, to be agitated by way of other appropriate proceedings, on the basis of specific pleadings and the evidence to be let in. The matter is disposed of accordingly.