Allowed

Karthikaya Kuruppe S.R v. Kerala State Industrial Development Corporation

Kerala HC20 Jan 2023WP(C)/20521/2022

Case brief

AI extract

What is this about?

The Court directed the respondents to release the balance gratuity and terminal leave surrender salary due to the petitioner within four months, with statutory interest and a specific additional interest rate if not complied with.

What did the court decide?

Balance amounts shall be released within four months with statutory interest; 6% per annum interest if unpaid within four months.

Karthikaya Kuruppe S.R Vs Kerala State… — Pension and Retirement Benefits | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

FRIDAY, THE 20^TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944

¶5

WP(C) NO. 20521 OF 2022

¶6

PETITIONER:

¶7

KARTHIKAYA KURUPPE S.R AGED 59 YEARS S/O.LATE SHUNMUGAN NAIR, RADHA NIVAS, PANAVILA, KANNANAKOM JN, KOLLEMCODU.P.O KANYAKUMARI DISTRICT, TAMIL NADU. PIN-629 160. BY ADVS. AYSHA YOUSEFF MOLLY JACOB JOBI.A.THAMPI ASHIFA YOUSEFF RABIA BEEGAM T.K. M.KABANI DINESH FASHIYA YOUSEFF C.M.EBRAHIM SHOUKATH HUSAIN

¶8

RESPONDENTS:

¶9

1 KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR HOUSING BOARD BUILDING SHANTI NAGAR, TRIVANDRUM-695 001. 2 THE MANAGING DIRECTOR, KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION HOUSING BOARD BUILDING SHANTI NAGAR, TRIVANDRUM-695 001. 3 THE ADMINISTRATIVE OFFICER, KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION HOUSING BOARD BUILDING SHANTI NAGAR, TRIVANDRUM-695 001.

¶10

ADV.BIJU.G-SC

¶11

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC No.20521 of 2022

JUDGMENT

Dated this the 20^th day of January, 2023

¶16

This writ petition is filed seeking the following

¶17

relief:-

¶18

“To issue a writ of mandamus commanding the respondents to release the gratuity sanctioned to petitioner as pr Ext.P3 with statutory interest and P4 terminal leave surrender salary with 12% interest within a time limit prescribed by this Hon’ble Court. ”

¶19

Heard the learned counsel for the petitioner

¶20

and the learned counsel appearing for the respondents.

¶21

It is submitted by the learned counsel for the petitioner that the petitioner retired from service on 30.06.2021. When the retirement benefits were not released to the petitioner, this writ petition was filed. It is submitted that pursuant to interim orders granted by this Court, an amount of Rs.5 lakhs has been released to the petitioner.

¶22

Learned counsel for the respondents

¶23

submits that some time may be granted for release of

¶24

WPC No.20521 of 2022

¶25

¶26

the balance amounts to the petitioner.

¶27

In the above view of the matter, there will

¶28

be a direction that the balance amounts due to the petitioner shall be released without undue delay, at any rate within four months from the date of receipt of a copy of this judgment. The gratuity amounts due will carry statutory interest. In case the ELS amounts due are not released within the four months as directed above, the same will carry interest at the rate of 6% per annum from the date of filing of this writ petition to the date of payment.

Sd/-

ANU SIVARAMAN

JUDGE

SSK/20/01

WPC No.20521 of 2022

APPENDIX

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CIRCULAR NO. PER(3)/3026/2019 DATED 26/10/2019 ISSUED BY THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO.PER(A)/136/07 DATED 21/6/2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO.12656/PER (3)/2021/SIDCO DATED 19/1/2022 ISSUED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO.PER (2)/5968/2018 DATED 26/02/2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 28/12/2021 SUBMITTED BY THE PETITIONER. Exhibit P6 TRUE COPY OF THE MEDICAL CERTIFICATE ALONG WITH THE DISCHARGE SUMMARY OF THE PETITIONER'S MOTHER.

¶37

TRUE COPY

¶38

P.A.TO JUDGE

Karthikaya Kuruppe S.R v. Kerala State Industrial Development Corporation

Case brief

What is this about?

What did the court decide?

Karthikaya Kuruppe S.R v. Kerala State Industrial Development Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajasekharan Nair A.K Vs Kerala Small Industries Development Corporation

Vintu Thomas Vs the District Collector

K.Krishnan Perumbala Vs Chemnad Grama Panchayath

Mohanan Vs State of Kerala

Sajeev T.S Vs Geologist

Super Gas Agencies Vs District Collector