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Chandrika K v. Kerala State Financial Enterprises Limited

Kerala HC21 Mar 2022WP(C)/5478/2022

Case brief

AI extract

What is this about?

The High Court of Kerala directed the respondent Corporation to disburse retirement benefits including arrears, terminal leave surrender, and dearness allowance within 45 days, with 6% interest for delays, after holding statutory rights cannot be withheld for post-retirement irregularity findings.

What did the court decide?

Direction to disburse amounts within 45 days with 6% interest from the first day of the next month if failed.

Chandrika K Vs Kerala State Financial… — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 21ST DAY OF MARCH 2022 / 30TH PHALGUNA, 1943
WP(C) NO. 5478 OF 2022

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PETITIONER/S:

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CHANDRIKA K
AGED 61 YEARS
W/O PRABHAKARAN D, NEST T.C.5/2282(1), KAUDIAR P.O.NEAR
GOLF CLUB, THIRUVANANTHAPURAM-695 003.
BY ADV S.NIKHIL SANKAR

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RESPONDENT/S:

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KERALA STATE FINANCIAL ENTERPRISES LIMITED
HEAD OFFICE, BHADRATHA, MUSEUM ROAD, P.B. NO 510,
THRISSUR-680 020, REPRESENTED BY ITS MANAGING DIRECTOR

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BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5478 OF 2022

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JUDGMENT Dated this the 21^st day of March, 2022

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The petitioner, while working as Chief Manager in the first respondent Corporation retired on 30.04.2019. She is aggrieved by the delay in dismissing the terminal surrender of earned leave, dearness allowance and arrears of pay on account of pay revision from 01.08.2017 to 30.04.2019, due to her.

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The repeated representations submitted before the Corporation having failed to evoke any response, the writ petition is filed seeking the following reliefs:

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Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent to disburse the entire monetary benefits due to the petitioner by way of pay revision arrears from 01.08.2017 to 30.04.2019.

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Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent to disburse the entire monetary benefits on terminal surrender of earned leave, dearness allowance on retirement of the petitioner on attainment of superannuation.

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WP(C) NO. 5478 OF 2022

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Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent to disburse the entire monetary benefits to the petitioner within a period time frame fixed by this honourable court failing which the respondent be directed to pay interest thereto at the rate of 6% from the date of judgment till payment is made.

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Issue any other appropriate writ order or direction as this Court may deem just, fit and proper.

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Learned Counsel for the petitioner relies on Exts.P5 and P6 judgments rendered in the case of similarly placed employees. It is pointed out that the petitioner is the mother of a differently abled child suffering from visual impairment to both eyes. Hence, delay in disbursal of retirement benefits is causing immense hardship to the petitioner.

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Learned Standing Counsel for the Corporation submitted that the petitioner has statutory right to claim the amounts. Hence, the prayer for the issue of a writ of mandamus cannot be entertained.

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WP(C) NO. 5478 OF 2022

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As rightly pointed out by the learned Counsel for the petitioner, this Court had rendered Ext.P5 judgment after considering all aspects. The contextually relevant portion of Ext.P5 is extracted hereunder:

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Having heard the learned Counsel for the petitioner and the learned Senior Counsel for the respondents, the question which arises for consideration in this case is whether the terminal surrender of earned leave and arrears of pay due to the petitioners can be withheld by the respondents on the ground that the respondents found that there had been certain irregularities in sanctioning loans or that sticky loans were sanctioned by the petitioners while they were in service. Admittedly no proceedings were initiated against petitioners either when the petitioners were in service or after their retirement if at all such proceedings were admissible in accordance with law. Petitioners became entitled to terminal surrender of earned leave in tune with the regulations relating to leave. At the time of retirement, they are entitled to surrender the earned leave to their credit as per the rules and regulations applicable to the employees/officers under the respondents. Admittedly there is no

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WP(C) NO. 5478 OF 2022

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provision for recovery of the same, if at all it is found subsequent to their retirement that the petitioners have caused loss to the respondents. Even such a finding cannot be arrived at in any proceedings in which the petitioners could participate or in which they cannot be compelled to participate i.e., subsequent to their retirement. Similar is the case regarding pay revision arrears.

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It is seen that the Ext.P5 judgment has affirmed by the Division Bench in W.A.No.1272 of 2019.

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Being in respectful agreement with the findings in Ext.P5, I deem it appropriate to dispose the writ petition, directing the respondent to disburse the amounts due to the petitioner towards terminal surrender of earn leave, dearness allowance and pay revision arrears from 01.08.2017 to 30.04.02019 within an outer limit of 45 days. The period is fixed, taking into account the submission of the learned Counsel for the petitioner that petitioner’s daughter is suffering from visual impairment to both eyes. If the respondent fails to pay the amount within the time

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WP(C) NO. 5478 OF 2022

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stipulated, the amount shall carry interest at the rate of 6% from the first day of the next month of the petitioner’s retirement.

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Sd/-

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V.G.ARUN
JUDGE

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RK

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WP(C) NO. 5478 OF 2022

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APPENDIX OF WP(C) 5478/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE CERTIFICATE ISSUED BY
THE MEDICAL BOARD TO THE DAUGHTER OF
THE PETITIONER DATED 11.1.2019
Exhibit P2TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE
RESPONDENT DATED 12.4.2019
Exhibit P3TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE
RESPONDENT DATED 3.11.2020
Exhibit P4TRUE COPY OF THE REMINDER
REPRESENTATION SUBMITTED BY THE
PETITIONER TO THE RESPONDENT DATED
9.9.2021
Exhibit P5TRUE COPY OF THE JUDGMENT PASSED BY
THIS HONOURABLE COURT IN WPC NO
33750/2017 DATED 9.10.2018
Exhibit P6TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN WPC NO 3754/2020
DATED 24.8.2020

Chandrika K v. Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

Chandrika K v. Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

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