In WP(C).No. 22012 of 2016, the High Court of Kerala disposed of a writ petition filed by a manager complaining of non-payment of terminal benefits. The court noted that gratuity and leave encashment were paid during pendency.
Writ petition disposed of on recording payment made towards gratuity and leave encashment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 13TH DAY OF DECEMBER 2018/22ND AGRAHAYANA, 1940
WP(C).No. 22012 of 2016
PETITIONER/S:
MOHAMMED ABDUL NASAR M.K AGED 47 YEARS MANAGER, SPORTS, U.T LAKSHADWEEP, RESIDING AT MONAPURAKKAD HOUSE, ANDROTH ISLAND, U.T LAKSHADWEEP. BY ADVS. SRI.P.SANJAY SMT.A.PARVATHI MENON
RESPONDENT/S:
1 THE ADMINISTRATOR UNION TERRITORY OF LAKSHADWEEP, OFFICE OF THE ADMINISTRATOR,KAVARATTI, U.T LAKSHADWEEP - 682 555. 2 THE LAKSHADWEEP SOCIETY FOR PROMOTION OF RECREATIONAL TOURISM AND SPORTS (SPORTS), REPRESENTED BY ITS MANAGING DIRECTOR, KAVARATTI -682 555.
3 THE CHAIRMAN THE LAKSHADWEEP SOCIETY FOR PROMOTION OF RECREATIONAL TOURISM AND SPORTS (SPORTS), KAVARATTI -682 555. BY ADVS. SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22012 of 2016
2
JUDGMENT
The writ petition was filed complaining non-payment of terminal benefits. During the pendency of the writ petition, petitioner was paid the gratuity and encashment of terminal surrender of leave. Petitioner has disputes with respect to the amounts he received and points out that he is eligible for leave encashment for 300 days for which he seeks amendment of writ petition to challenge the rules.
2. Petitioner will be free to file a fresh writ petition in case he has any grievance relating to the quantum of the benefits received by him.
Accordingly, the writ petition is
disposed of recording the payment made towards gratuity and leave encashment. It is made clear
that petitioner would be free to move appropriate proceedings if any grievance subsists on the quantum. Sd/-
P.V.ASHA JUDGE
WW
WP(C).No. 22012 of 2016
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | COPY OF TH SPORTS. |
E MEMORANDUM AND ARTICLES OF |
|---|---|---|
| EXHIBIT P2 | COPY OF THE 10.11.07. |
APPLICATION OF PETITIONER DATED |
| EXHIBIT P3 | COPY OF TH 10.11.07. |
E LETTER OF PETITIONER DATED |
| EXHIBIT P4 | COPY OF THE | OFFICE MEMORANDUM DATED 9.1.08. |
| EXHIBIT P5 | COPY OF T 17.7.08. |
HE ORDER NO.8/90-SPORTS DATED |
| EXHIBIT P6 | COPY OF TH 03(S) DATED |
E RELIEVING ORDER F.NO.2/5/02- 31.7.08. |
| EXHIBIT P7 | COPY OF THE 2.2.09. |
ORDER NO.1/28/90-SPORTS DATED |
| EXHIBIT P8 | COPY OF THE 25.2.10. |
ORDER F.NO.1/28/90-SPORTS DATED |
| EXHIBIT P9. | COPY OF THE 26.3.11. |
ORDER F.NO.1/28/90-SPORTS DATED |
| EXHIBIT P10 | COPY OF THE | CERTIFICATE DATED 1.2.99. |
| EXHIBIT P10(A) | COPY OF THE 9.1.04. |
APPRECIATION CERTIFICATE DATED |
| EXHIBIT P10(B) | COPY OF THE | CERTIFICATE DATED 19.1.2010. |
| EXHIBIT P10(C) | COPY OF THE | CERTIFICATE DATED 25.2.10. |
| EXHIBIT P10(D) | COPY OF THE | CERTIFICATE DATED 11.4.2011. |
| EXHIBIT P10(E) | COPY OF THE OF APPRECIAT |
CERTIFICATE F.NO.01/28/90-SPORTS ION DATED 30.11.2011. |
| EXHIBIT P11 | COPY OF THE | APPLICATION DATED 20.12.11. |
| EXHIBIT P12 | COPY OF 19.01.12. |
THE OFFICE MEMORANDUM DATED |
WP(C).No. 22012 of 2016
4
| EXHIBIT P13. | COPY OF THE LETTER OF PETITIONER DATED 26.6.12. |
|---|---|
| EXHIBIT P13(A). | COPY OF THE LETTER OF PETITIONER DATED 28.7.12. |
| EXHIBIT P14. | COPY OF THE JOINING REPORT DATED 31.7.12. |
| EXHIBIT P15. | COPY OF THE JOINING REPORT ON MEETING THE MD DATED 1.8.12. |
| EXHIBIT P15(A). | COPY OF THE REPRESENTATION DATED 7.8.12. |
| EXHIBIT P15(B). | COPY OF THE JOINING REPORT ON MEETING DATED 7.8.12. |
| EXHIBIT P15(C). | COPY OF THE ORDER F.NO.01/28/90-SPORTS GENERAL MANAGER DATED 7.8.12. |
| EXHIBIT P16. | COPY OF ORDER F.NO.35/02/2012[SPORTS] DATED 25.8.12. |
| EXHIBIT P17. | COPY OF THE REPRESENTATION DATED 10.09.12. |
| EXHIBIT P18. | COPY OF THE JUDGMENT DATED 26.8.13 IN WPC NO.21399/12. |
| EXHIBIT P19. | COPY OF THE REPRESENTATION DATED 14.1.14. |
| EXHIBIT P20. | COPY OF THE ORDER IN IA 12258/15 IN WPC NO.21399/12 DATED 27.11.15. |
| EXHIBIT P21. | COPY OF THE REPRESENTATION DATED 5.12.15. |
| EXHIBIT P22. | COPY OF THE LEGAL NOTICE DATED 12.2.16. |
| EXHIBIT P23. | TRUE COPY OF THE ORDER F.NO.35/02/2012- SPORTS DATED 8/2/2018. |
1 issue framed by the court
Whether the writ petition regarding non-payment of terminal benefits should be disposed of after interim payment was made.
MOHAMMED ABDUL NASAR M.K
THE ADMINISTRATOR UNION TERRITORY OF LAKSHADWEEP
THE LAKSHADWEEP SOCIETY FOR PROMOTION OF RECREATIONAL TOURISM AND SPORTS (SPORTS)
THE CHAIRMAN THE LAKSHADWEEP SOCIETY FOR PROMOTION OF RECREATIONAL TOURISM AND SPORTS (SPORTS)
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
