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Rajasekharan Nair A.K v. Kerala Small Industries Development Corporation

Kerala HC18 Jan 2023WP(C)/22412/2022

Case brief

AI extract

What is this about?

This petition sought payment of outstanding gratuity and pay revision arrears for a retired employee. Directing the respondents to pay the dues with interest within a stipulated five-month period, the court ordered half-payment in three months and the balance in two months.

What did the court decide?

Directed respondents to pay balance gratuity and pay revision arrears within five months; half amount in three months, rest in two months; statutory interest on gratuity to be paid.

Rajasekharan Nair A.K Vs Kerala Small… — Pension and Retirement Benefits | 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 MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944

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WP(C) NO. 22412 OF 2022

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PETITIONER:

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RAJASEKHARAN NAIR A.K
AGED 61 YEARS
S/O LATE V.APPUKUTTAN NAIR, RETIRED SENIOR ACCOUNTANT,
KERALA SIDCO, RESIDING AT NIRAVADYA ARAB 19(L),
MANALKUNNU GARDENS, ANANDAVALLEESWARAM ROAD,
MANNANTHALA, NALANCHIRA P.O., THIRUVANANTHAPURAM-695015
BY ADVS.
AYSHA YOUSEFF
MOLLY JACOB
RABIA BEEGAM T.K.
JOBI.A.THAMPI
M.KABANI DINESH
ASHIFA YOUSEFF
FASHIYA YOUSEFF
C.M.EBRAHIM
SHOUKATH HUSAIN

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RESPONDENTS:

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1 KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, P.B.NO.50, HOUSING BOARD BUILDING, SHANTHINAGAR, THIRUVANANTHAPURAM-695 001.

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2THE MANAGING DIRECTOR,
KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION,
P.B.NO.50, HOUSING BOARD BUILDING, SHANTHINAGAR,
THIRUVANANTHAPURAM-695 001.

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3 THE ADMINISTRATIVE OFFICER, KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION P.B.NO.50, HOUSING BOARD BUILDING, SHANTHINAGAR, THIRUVANANTHAPURAM-695 001.

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4STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
INDUSTRIES DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM -695001.

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ADV.BIJU G, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 22412 OF 2022

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JUDGMENT

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Dated this the 18^th day of January, 2023

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This writ petition is filed seeking the following prayers:

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“(a) To issue a writ of mandamus commanding the respondents 1 to 3 to pay the gratuity amount sanctioned as per Ext.P3 and P6 with statutory interest within a time limit prescribed by this Hon’ble Court.

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(b) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 4^th respondent to provide funds to the 1^st respondent to satisfy the statutory liabilities as per Ext.P3 and P6.

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(c) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the arrears on account of the revision of pay based on the 4^th Time Bound Higher Grade Promotion eligible to him as per Ext.P2 order with 12% interest from the date it falls due to the date of payment.

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(d) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the amount legally due to the petitioner towards Earned Leave Surrender salary sanctioned as per Ext.P7 with interest at the rate of 12% per annum from the date of order till the date of realization of the amount within the time frame fixed by this Hon’ble Court.

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(e) To declare that petitioner is eligible to get statutory interest on the gratuity amount due to him as specified in Section 7(3) (A) of Payment of Gratuity Act, 1972.”

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2. Heard the learned counsel for the petitioner and the learned

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standing counsel appearing for the respondents.

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WP(C) NO. 22412 OF 2022

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It is submitted that the petitioner retired from service of the 1^st respondent on 30.06.2019. Though gratuity was sanctioned by Ext.P3 dated 26.09.2019, the amounts were not released to the petitioner. It is submitted that other payments including earned leave surrender and pay revision arrears were also not paid, which forced the petitioner to approach this Court filing this writ petition. It is submitted that during the pendency of this writ petition, certain amounts were released to the petitioner on the basis of interim orders granted by this Court.

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The learned standing counsel appearing for the respondents submits that it is only due to the severe financial constraints faced by the respondents that the retirement benefits could not be released in time. It is submitted that the amounts directed by this Court to be paid as per the interim orders have already been released.

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I am of the opinion that since the retirement benefits and the pay revision arrears are admittedly due to be paid to the petitioner, the respondents have to make earnest steps to make the payments at the earliest. There will, accordingly, be a direction that the balance amounts due as gratuity and pay revision arrears shall be calculated and released

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WP(C) NO. 22412 OF 2022

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to the petitioner within a period of five months from the date of receipt

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of a copy of this judgment. The respondents shall calculate the balance amounts due and issue a statement to the petitioner. One half of the amount found due shall be released within a period of three months from the date of receipt of a copy of this judgment and the balance amounts shall be released within a period of two months thereafter. The gratuity amounts due shall carry statutory interest in accordance with law.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN

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JUDGE

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NP

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WP(C) NO. 22412 OF 2022

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APPENDIX OF WP(C) 22412/2022

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`PETITIO`	`NER’S`	`EXHIBITS`
`Exhibit`	`P1`	`PHOTO COPY` `06-2019 IS`	`OF THE` `SUED BY`	`RELIEVING ORDER DATED 20-` `THE 3RD RESPONDENT .`
`Exhibit`	`P2`	`PHOTO COPY` `8239/PER(3` `BY THE 3RD`	`OF THE` `)/2018/S` `RESPOND`	`PROCEEDINGS NO.` `IDCO DATED 22-012019 ISSUED` `ENT.`
`Exhibit`	`P3`	`PHOTO COPY` `NO.2245/PE` `ISSUED BY`	`OF THE` `R(3)/201` `THE 2ND`	`PROCEEDINGS` `7/SIDCO DATED 26-092019` `RESPONDENT.`
`Exhibit`	`P4`	`PHOTO COPY` `PETITIONER` `2020.`	`OF THE` `TO THE`	`REQUEST SUBMITTED BY THE` `2ND RESPONDENT DATED 24-08-`
`Exhibit`	`P5`	`PHOTO COPY` `NO.PER(2)/` `THE 3RD RE`	`OF THE` `836/2019` `SPONDENT`	`PAY FIXATION ORDER` `DATED 01-10-2021 ISSUED BY` `.`
`Exhibit`	`P6`	`PHOTO COPY` `NO.2245/PE` `ISSUED BY`	`OF THE` `R(3)/201` `THE 2ND`	`PROCEEDINGS` `7/SIDCO DATED 23-022022` `RESPONDENT.`
`Exhibit`	`P7`	`PHOTO COPY` `NO.PER(2)/` `BY THE 3D`	`OF THE` `8647/201` `RESPONDE`	`PROCEEDINGS` `9 DATED 23-12-2019 ISSUED` `NT.`
`Exhibit`	`P8`	`PHOTO COPY` `SUBMITTED` `RESPONDENT`	`OF THE` `BY THE P` `.`	`APPLICATION DATED 21-7-2021` `ETITIONER TO THE 2ND`
`Exhibit` `RESPOND`	`P9` `ENTS’`	`PHOTO COPY` `2021 SUBMI` `EXHIBITS: NIL`	`OF THE` `TTED BY`	`REPRESENTATION DATED 22-12-` `THE PETITIONER.`

Rajasekharan Nair A.K v. Kerala Small Industries Development Corporation

Case brief

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Rajasekharan Nair A.K v. Kerala Small Industries Development Corporation

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