Retired KSFE employees sought release of withheld terminal leave surrender and DA arrears with interest. Relying on a Division Bench judgment in W.A No.1151 of 2022 upholding payment of terminal benefits, the court directed disbursement within three months, failing which 6% interest from the due date.
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.
1
WPC 14708/2019 & cnctd cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
WP(C) NO. 14708OF 2019
PETITIONER/S:
R.SHAJI, AGED 58 YEARS
S/O. K.RAGHAVAN, AGRAHARAM, NEAR PRIVATE BUS STAND,
VAIKOM P.O., NADUVILE, KOTTAYAM-686 141.
BY ADVS.
S.M.PREM
P.RAMACHANDRAN (PALAKKAD)
H.NARAYANAN
RESPONDENT/S:
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM
ROAD, THRISSUR-680 020
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.03.2024, ALONG WITH WP(C).26294/2019, AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WPC 14708/2019 & cnctd cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
WP(C) NO. 26294 OF 2019
PETITIONER/S:
P J JUSTICE JIN,AGED 64 YEARS
S/O JOSEPH P.P., PUTHEZHATHU HOUSE, NAYARAMBALAM P.O.,
ERNAKULAM - 682 509
BY ADVS.
S.M.PREM
SRI.P.RAMACHANDRAN (PALAKKAD)
SRI.H.NARAYANAN
RESPONDENT/S:
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS MANAGER DIRECTOR, BHADRATHAM, MUSEUM
ROAD, THRISSUR - 680 020
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.03.2024, ALONG WITH WP(C).14708/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WPC 14708/2019 & cnctd cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
WP(C) NO.6745OF 2023
PETITIONER/S:
MARY PRASANNA M. A
AGED 59 YEARS
W/O. ANTONY V., RAJ SADANAM, MULAVANA P.O., PERAYAM,
KUNDARA, KOLLAM, PIN - 691503
BY ADVS.
S.M.PREM
G INDUCHUDAN
RESPONDENT/S:
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM
ROAD, THRISSUR, PIN - 680020
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.03.2024, ALONG WITH WP(C).14708/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
4
WPC 14708/2019 & cnctd cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
WP(C) NO.33850OF 2023
PETITIONER/S:
RAJENDRA RAO D.,AGED 58 YEARS
S/O. THE LATE K. DASAN, RAJEEVAM, KADAKKARAPPALLY P.O.,
CHERTHALA, ALAPPUZHA, PIN - 688529
BY ADVS.
S.M.PREM
G INDUCHUDAN
RESPONDENT/S:
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM
ROAD, THRISSUR, PIN - 680020
BY ADVS.
Gopikrishnan Nambiar M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.03.2024, ALONG WITH WP(C).14708/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
5
WPC 14708/2019 & cnctd cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
WP(C) NO. 4351 OF 2024
PETITIONER/S:
JAYADEVAN D, AGED 63 YEARS
S/O DIVAKARAN, RESIDING AT VINAYAKA HOUSE, THEKKEVILA,
P.O., KOLLAM, PIN - 691016
BY ADVS.R.SANJITH
C.S.SINDHU KRISHNAH
SIDHI K. KUTTY
RESPONDENT/S:
1 KERALA STATE FINANCIAL ENTERPRISES LIMITED, "BHADRATHA" MUSEUM ROAD, P.B.NO.510, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 6800202 DEPUTY GENERAL MANAGER (P&HR) (I/C) KERALA STATE FINANCIAL ENTERPRISES LIMITED, "BHADRATHA", MUSEUM ROAD, P.B.NO.510, THRISSUR, PIN - 680020`BY ADVS.
Gopikrishnan Nambiar M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.03.2024, ALONG WITH WP(C).14708/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
6
WPC 14708/2019 & cnctd cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
WP(C) NO.32201 OF 2019
PETITIONER/S:
K.SASIKUMAR
AGED 66 YEARS
S/O.THE LATE KUMARAN NAIR, KAUSTHUBHAM, KARIYAM, POW-
DIKONAM P.O., THIRUVANANTHAPURAM-695 587.
BY ADVS.S.M.PREM
SRI.P.RAMACHANDRAN (PALAKKAD)
SRI.H.NARAYANAN
RESPONDENT/S:
THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM
ROAD, THRISSUR-680 020.
BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.03.2024, ALONG WITH WP(C).14708/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
7
WPC 14708/2019 & cnctd cases
JUDGMENT
(Dated this the 15th day of March 2024) [WP(C) Nos.14708/2019, 26294/2019, 6745/2023, 33850/2023, 4351/2024 and 32201/2019]
The petitioners are retired employees of Kerala State
Financial Enterprises Limited (KSFE). They seek for a direction to release the withheld terminal leave surrender and
DA arrears along with interest from the due date till actual payment of the same.
the petitioners and ought to have been settled at the time of retirement.
that the usual practice of the respondent is that the liabilities
in the name of each of employee, before the retirement, are
8
WPC 14708/2019 & cnctd cases
quantified by calling the liability/non liability reports from all departments and various branch offices where the employee/petitioner had worked. It is only after such reports are filed, that liabilities can be quantified and thereafter, the amounts due to the petitioners/employees can be ordered less the liabilities. Since liabilities are found against the petitioners, the withheld amounts due to the petitioners/employees shall be released on recovery of defaulted amounts/liability, stated by the respondent Company.
dismissed the appeals, holding that there are no grounds to
9
WPC 14708/2019 & cnctd cases
interfere with the judgment of the learned Single Judge. The petitioners herein are also entitled for the same order in view
of the judgment in WA.1151 of 2022 and connected cases.
“6. As observed in D.S.Nakara v.Union of India [(1983) 1 SCC 305), the antiquated notion of pensionary or retiral benefits being a bounty or a gratuitous payment, depending upon the sweet will or grace of the employer, and not a right enforceable through court, has to be under the carpet. It may also be apposite to note that as per the judgment in W.P(C). No. 33750 of 2017, filed by another set of disgruntled pensioners, this court had directed the respondents to pay the entire benefits within three months. A conspectus of the above precedents leads to the indubitable conclusion that the Company is bound to disburse the terminal and other benefits due to the petitioners forthwith.
10
WPC 14708/2019 & cnctd cases
In the result, the writ petitions are allowed and the following directions are issued;
i. The Company shall disburse the DCRG and other benefits due to the petitioners within three months of receiving a copy of this judgment.
ii. The unpaid gratuity will carry interest at the rate of 6%, computed from the first day of the next month of retirement of the petitioners.
iii. In case of failure to pay the amounts within the three month period, the Company will be liable to pay 9% interest on the entire balance amount, reckoned from the respective dates of retirement of the petitioners.”
Taking into account the facts and circumstances of the
case and the above judgments of this Court, there will be a
direction to the respondent to disburse the
withheld Terminal Leave Surrender/DA arrears to the
petitioners within three months from the date of receipt of a
copy of the judgment. In case of failure to pay the amounts
within the stipulated time, the amounts will carry interest at
11
WPC 14708/2019 & cnctd cases
the rate of 6% per annum from the actual due date till payment.
The Writ Petitions are disposed of.
Sd/ BASANT BALAJI, JUDGE
dl/
12
WPC 14708/2019 & cnctd cases
APPENDIX OF WP(C) 26294/2019
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF PAYROLL ISSUED BY THE RESPONDENT COM-
PANY - FOR THE MONTH OF MAY 2013
EXHIBIT P2TRUE COPY OF THE REPRESENTATION DATED 25.10.2016
SUBMITTED BY THE PETITIONER TO THE RESPONDENT-MANAG-
ING DIRECTOR OF KSFE.
13
WPC 14708/2019 & cnctd cases
APPENDIX OF WP(C) 6745/2023
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF LETTER BEARING REF. NO. 47808 DATED 05-
01-2022 ISSUED BY THE DEPUTY GENERAL MANAGER (P&HR)
OF THE RESPONDENT - EMPLOYER
14
WPC 14708/2019 & cnctd cases
APPENDIX OF WP(C) 33850/2023
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE PETITIONER'S APPLICATION DATED 05-
09-2023 MADE UNDER THE RIGHT TO INFORMATION ACT,
2005
Exhibit P2TRUE COPY OF LETTER BEARING REF. NO.4155/RIA/23-
24(249)70 DATED 04-10-2023 ISSUED BY THE DEPUTY GEN-
ERAL MANAGER (P&HR) & STATE PUBLIC INFORMATION OF-
FICER OF THE RESPONDENT
Exhibit P3 TRUE COPY OF THE LETTER NO. 47075 DATED 29-04-2023 ISSUED BY THE DEPUTY GENERAL MANAGER (P&HR)(I/C) OF THE RESPONDENTExhibit P4 True copy of Letter No. SDT/EKM/10473/2023-2024 dated 03-10-2023 issued by the Manager, Kumbalanghi Branch of KSFE to the AGM (Recovery).15
WPC 14708/2019 & cnctd cases
APPENDIX OF WP(C) 4351/2024
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE CHARGE MEMO DATED 11/10/2018 ISSUED
TO THE PETITIONER BY THE 2ND RESPONDENT
Exhibit P2TRUE COPY OF LETTER ISSUED BY THE 2ND RESPONDENT
DATED 27.10.2018 BEARING REFERENCE NO. GGS
Exhibit P3TRUE COPY OF REPLY DATED 30/10/2018 ADDRESSED TO THE
2ND RESPONDENT BY THE PETITIONER
Exhibit P4TRUE COPY OF LETTER DATED 08/07/2019 WITH REF
NO.48387
Exhibit P5TRUE COPY OF REPRESENTATION DATED 20/12/2023 PRE-
FERRED BY THE PETITIONER TO THE STATE FINANCIAL MIN-
ISTER
Exhibit P6TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT
DATED 23/12/2022 IN WP(C) NO. 28002/2022
Exhibit P7TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT
DATED 26/10/2022 IN WA NO. 1263/2022
16
WPC 14708/2019 & cnctd cases
APPENDIX OF WP(C) 32201/2019
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF LETTER NO.4155/RIA/17-18(139)56 DATED
18.09.2017 ISSUED BY THE DEPUTY GENERAL MANAGER (P
AND HR) OF THE RESPONDENT-EMPLOYER CONFIRMING THE
AMOUNTS DUE TO THE PETITIONER.
EXHIBIT P2TRUE COPY OF THE LAST REPRESENTATION DATED
01.01.2019 SUBMITTED BY THE PETITIONER TO THE RE-
SPONDENT REQUESTING FOR PAYMENT OF ARREARS OF PAY
REVISION AS WELL AS DA WITH INTEREST.
17
WPC 14708/2019 & cnctd cases
APPENDIX OF WP(C) 14708/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER BEARING REF.NO.46849 DATED 23.1.2019 ISSUED BY THE DEPUTY GENERAL MANAGER (P&HR) (I/C) OF THE RESPONDENT-EMPLOYER.EXHIBIT P2TRUE COPY OF THE RELEVANT CIRCULAR NO.10/2000 (PLG)
DATED 21.1.2000 ISSUED FROM THE OFFICE OF THE RE-
SPONDENT.
1 issue framed by the court
Whether KSFE could withhold terminal leave surrender and DA arrears of retired employees pending liability quantification, and direct their release with interest.
Colour shows how this judgement treated each authority
W.A No.1151 of 2022 and connected casesRelied on¶4
D.S.Nakara v. Union of IndiaReferred¶6
D.S.Nakara v. Union of India [(1983) 1 SCC 305] · Who else cites this
1 provisions across 1 enactments
R.SHAJI
P J JUSTICE JIN
MARY PRASANNA M. A
RAJENDRA RAO D.
JAYADEVAN D
K.SASIKUMAR
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court