Disposed

Suresh K v. State of Kerala Represented by Its Secretary

Kerala HC10 Feb 2023RP/61/2023

Case brief

AI extract

What is this about?

In a review of a writ petition concerning gratuity, the court observed that while the petitioner has been paid, interest claims remain. The petition is closed with no specific orders as the issue of interest is left open for appropriate proceedings.

What did the court decide?

The Review Petition thus closed. No specific relief granted; right to claim interest left open for future proceedings.

Suresh K Vs State of Kerala Represented by Its Secretary — Service and Employment | Kerala HC (2023)

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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 DEVAN RAMACHANDRAN

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FRIDAY, THE 10^TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944

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RP NO. 61 OF 2023

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AGAINST THE ORDER/JUDGMENT WP(C) 11385/2020 OF HIGH COURT OF KERALA

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REVIEW PETITIONER/PETITIONER:

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SURESH K AGED 50 YEARS, S/O P. KRISHNANKUTTY NAIR, RESIDING AT ATHIRA, THUKALASSERI, THIRUVALLA, PATHANAMTHITTA, PIN - 689101

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BY ADVS. P.HARIDAS BIJU HARIHARAN SHIJIMOL M.MATHEW P.C.SHIJIN RISHIKESH HARIDAS

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 REGISTRAR, DEPARTMENT OF CO-OPERATION, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O. THIRUVANANTHAPURAM, PIN - 695014 3 JOINT REGISTRAR (GENERAL) OFFICE OF THE JOINT REGISTRAR (GENERAL), PATHANAMTHITTA, PIN - 689645 4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KONNI, PIN - 689585 5 MALLAPPALLY SERVICE CO-OPERATIVE BANK REPRESENTED BY ITS SECRETARY, PIN - 689587 6 MANAGING COMMITTEE OF MALLAPPALLY SERVICE COOPERATIVE BANK, PIN - 689587 REPRESENTED BY ITS PRESIDENT. 7 LIFE INSURANCE CO-OPERATION OF INDIA REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, JEEVAN PRAKASH, PB NO. 680, NAGAMPADAM, KOTTAYAM, PIN - 686001

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R.P.No.61 of 2023

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: 2 :

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8 DISTRICT COOPERATIVE BANK PATHANAMTHITTA, PIN - 689645 REPRESENTED BY ITS SECRETARY. BY ADV S.SUBHASH CHAND

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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R.P.No.61 of 2023

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: 3 :

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DEVAN RAMACHANDRAN, J. ========================= R.P No.61 of 2023 in W.P.(C).No.11385 of 2020

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========================== Dated this the 10^th day of February, 2023

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ORDER

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When this matter was called today, Sri.Haridas – learned counsel for the petitioner, submitted that, though the eligible gratuity has been paid to his client, he is entitled to interest, particularly because he has been forced to this Court for no reason.

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Sri.S.Subhash Chand – learned counsel appearing for the respondent, however, submitted that since the entire gratuity as claimed has been paid, no further action be taken in this case.

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I must say that there is some force in the submissions of Sri.Haridas because, on account of the delay caused by the respondent in computing and paying the eligible amount, valuable judicial time has been lost. I would have been therefore, justified in imposing exemplary costs.

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However, taking note of the persuasive submissions of Sri.S.Subhash Chand, I am refraining from doing so.

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R.P.No.61 of 2023

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: 4 :

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Needless to say, the right of the petitioner to seek

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interest from the respondent is left open through appropriate

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proceedings before apposite forums.

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This Review Petition is thus closed.

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Sd/DEVAN RAMACHANDRAN JUDGE

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anm

Suresh K v. State of Kerala Represented by Its Secretary

Case brief

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Suresh K v. State of Kerala Represented by Its Secretary

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