Allowed

Sanalkumar T.P v. Kerala State Financial Enterprises Limited

Kerala HC1 Mar 2024WP(C)/34934/2023

Case brief

AI extract

What is this about?

A bench of the Kerala High Court dismissed four connected writ petitions challenging the non-disbursement of terminal leave surrender benefits. The court directed the respondents to release the withheld benefits within three months and pay interest at 6% per annum from the due date.

What did the court decide?

Direction to disburse Terminal Leave Surrender within three months and pay interest at 6% p.a. from the due date.

Sanalkumar T.P Vs Kerala State Financial… — Pension and Retirement Benefits | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶4

FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945
WP(C) NO. 43405 OF 2023

¶5

PETITIONER/S:

¶6

NAVAS P.P
AGED 58 YEARS
S/O. HASSAN PAREETH, KIZHAKKEOTTAM HOUSE, ANICADU,
AVOLLY P.O., MUVATTUPUZHA, ERNAKULAM-, PIN - 686670
BY ADVS.
R.SANJITH
C.S.SINDHU KRISHNAH
SURAJ KRISHNAN
ALEX JOHN PULIMOOD
PRIYA RANI SREEKUMAR
SIDHI K. KUTTY
GOURI LAIJU
ALEENA JOSHY

¶7

RESPONDENT/S:

¶8

1KERALA STATE FINANCIAL ENTERPRISES LIMITED
ROAD, P.B.NO.510, THRISSUR, REPRESENTED BY ITS MANAGING
DIRECTOR, PIN - 680020
2MANAGING DIRECTOR
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
"BHADRATHA", MUSEUM ROAD, P.B.NO.510, THRISSUR,
PIN - 680020
3DEPUTY 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)

¶9

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2024, ALONG WITH WP(C).34934/2023, 39072/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶10

WPC Nos.43405, 39072, 34934 and 39505 of 2023

¶11

-2-

¶12

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶13

PRESENT

¶14

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶15

FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945
WP(C) NO. 34934 OF 2023

¶16

PETITIONER/S:

¶17

SANALKUMAR T.P
AGED 58 YEARS
S/O. LATE. PITHAMBARAN NAIR, VINAYAKAM, BHARATH
NAGAR, 65-LKAVANAD P.O,, PIN - 691003

¶18

BY ADVS.
R.SANJITH
C.S.SINDHU KRISHNAH
PRIYA RANI SREEKUMAR

¶19

RESPONDENT/S:

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1KERALA STATE FINANCIAL ENTERPRISES LIMITED
"BHADRATHA", THRISSUR, REPRESENTED BY ITS MANAGING
DIRECTOR., PIN - 680020

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2 MANAGING DIRECTOR KERALA STATE FINANCIAL ENTERPRISES LIMITED, "BHADRATHA", THRISSUR, PIN - 680020

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3 DEPUTY GENERAL MANAGER (P&HR) KERALA STATE FINANCIAL ENTERPRISES LIMITED, "BHADRATHA", THRISSUR, PIN - 680020

¶23

4GENERAL MANAGER (FINANCE)
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
"BHADRATHA", 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)

¶24

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

¶25

01.03.2024, ALONG WITH WP(C).43405/2023 AND CONNECTED CASES,

¶26

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶27

WPC Nos.43405, 39072, 34934 and 39505 of 2023

¶28

-3-

¶29

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶30

PRESENT

¶31

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶32

FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945

¶33

WP(C) NO. 39072 OF 2023

¶34

PETITIONER/S:

¶35

JAYAN K.S
AGED 58 YEARS
S/O SARANGDHARAN K., RESIDING AT SARANGI,
THATTAMPALLI P.O., ALAPPUZHA, PIN - 688013
BY ADVS.
R.SANJITH
C.S.SINDHU KRISHNAH
PRIYA RANI SREEKUMAR

¶36

RESPONDENT/S:

¶37

1KERALA STATE FINANCIAL ENTERPRISES LIMITED
"BHADRATHA", MUSEUM ROAD, P.B.NO.510, THRISSUR,
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680020
2MANAGING DIRECTOR
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
"BHADRATHA", MUSEUM ROAD, P.B.NO.510, THRISSUR,
PIN - 680020
3DEPUTY GENERAL MANAGER (P&HR) (I/C)
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
"BHADRATHA", MUSEUM ROAD, P.B.NO.510, THRISSUR,
PIN - 680020

¶38

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)

¶39

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.03.2024, ALONG WITH WP(C).43405/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶40

WPC Nos.43405, 39072, 34934 and 39505 of 2023

¶41

-4-

¶42

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶43

PRESENT

¶44

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶45

FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945

¶46

WP(C) NO. 39505 OF 2023

¶47

PETITIONER/S:

¶48

SUDARSANAN PILLAI K.G
AGED 61 YEARS
S/O. GOPALAKRISHNA PILLAI, RESIDING AT CHITHIRA,
SIVA NAGAR 99, PUNTHALATHAZHAM, KILIKOLLOOR P.O.,
KOLLAM, PIN - 691004
BY ADVS.
R.SANJITH
C.S.SINDHU KRISHNAH
PRIYA RANI SREEKUMAR

¶49

RESPONDENT/S:

¶50

1KERALA STATE FINANCIAL ENTERPRISES LIMITED
"BHADRATHA", MUSEUM ROAD, P.B.NO.510, THRISSUR,
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680020
2MANAGING DIRECTOR
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
"BHADRATHA", MUSEUM ROAD, P.B.NO.510, THRISSUR,
PIN - 680020
3DEPUTY 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)

¶51

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.03.2024, ALONG WITH WP(C).43405/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶52

WPC Nos.43405, 39072, 34934 and 39505 of 2023

¶53

-5-

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JUDGMENT

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(WPC Nos.43405, 39072, 34934 and 39505 of 2023)

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(Dated this the 1^st day of March 2024)

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These Writ Petitions are filed for a direction to release

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the withheld terminal leave surrender of earned leave along

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with interest from the due date till actual payment of the same.

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Petitioners have retired from the Kerala State

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Financial Enterprises Limited (KSFE). They are aggrieved by

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the non-disbursement of the Terminal Leave Surrender by the respondents to the petitioners. The counsel for the petitioners submits that the Terminal Leave Surrender is lawfully due to the petitioners and ought to have been settled at the time of retirement. But in spite of earnest efforts of petitioners, the

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aforesaid retirement benefit is not disbursed to them by

¶64

WPC Nos.43405, 39072, 34934 and 39505 of 2023

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-6-

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respondents.

¶67

A counter affidavit is filed on behalf of the

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respondents in W.P.(C) Nos.39505 and 39072 of 2023, in which it is stated that the usual practice of the respondents is

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that the liabilities in the name of each of employee before the retirement and prior to submission of terminal benefits are quantified by calling the liability/non liability reports from the branch offices where the employees have 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.

¶70

Though the petitioners have retired, there are no proceedings against the petitioners for quantifying the liabilities and no recovery proceedings are initiated. Unless there is any proper proceeding quantifying liabilities and

¶71

WPC Nos.43405, 39072, 34934 and 39505 of 2023

¶72

ordering of recovery, the employer/respondents cannot

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withhold any retirement benefits due to the petitioners.

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This issue is already covered by the judgment of a

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Division Bench of this Court in W.A No.1151 of 2022 and connected cases, whereby the employer challenged the judgment of a learned Single Judge of this Court directing disbursement of terminal benefits and the Division Bench dismissed the appeals, holding that there are no grounds to 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 W.A. No.1151 of 2022 and connected cases.

¶76

Heard the counsel for the petitioners as well as the respondents.

¶77

W.A. No.1151 of 2022 was filed against the

¶78

WPC Nos.43405, 39072, 34934 and 39505 of 2023

¶79

-8-

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judgment in W.P.(C) No.7203/2021 and connected cases. The learned Single Judge had directed payment of terminal benefits. The operative portion of the judgment in W.P.(C) No.7203/2021 reads as follows:

¶81

“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.

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In the result, the writ petitions are allowed and the following directions are issued;

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i) The Company shall disburse the DCRG and other benefits due to the petitioners within three months of receiving a copy of this judgment.

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ii) The unpaid gratuity will carry interest at the rate of

¶85

WPC Nos.43405, 39072, 34934 and 39505 of 2023

¶86

-9-

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6%, computed from the first day of the next month of retirement of the petitioners.

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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.”

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8. Taking into account the facts and circumstances of

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the case and the above judgments of this Court, there will be

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a direction to the respondents to disburse the withheld Terminal Leave Surrender to the petitioners within three months from the date of receipt of a copy of the judgment. In the case of failure to pay the amounts within the stipulated

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time, the amounts will carry interest at the rate of 6% per

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annum from the actual due date till payment.

¶94

The Writ Petitions are disposed of as above.

Sd/-

BASANT BALAJI

JUDGE

WPC Nos.43405, 39072, 34934 and 39505 of 2023

¶100

-10-

¶101

APPENDIX OF WP(C) 34934/2023

¶102

PETITIONER EXHIBITS

¶103

Exhibit P1TRUE COPY OF THE OFFICIAL LETTER DATED
28/02/2023 ADDRESSED TO THE PETITIONER BY
THE 3RD RESPONDENT

¶104

Exhibit P2TRUE COPY OF THE LETTER DATED 27/03/2023
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER

¶105

Exhibit P3TRUE COPY OF THE REPLY LETTER DATED
02/06/2023 TO THE 3RD RESPONDENT
Exhibit P4TRUE COPY OF THE REPRESENTATION DATED
13/10/2023 PREFERRED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT

¶106

Exhibit P5TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 23/12/2022 IN
WP(C) NO. 28002/2022

¶107

Exhibit P6TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 26/10/2022 IN WA
NO. 1263/2022

¶108

WPC Nos.43405, 39072, 34934 and 39505 of 2023

¶109

-11-

¶110

APPENDIX OF WP(C) 39072/2023

¶111

`PETITIO`	`NER`	`EXHIBITS`
`Exhibit`	`P1`	`TRUE COPY` `09/11/2022` `BY THE 2ND`	`OF T` `ADDRE` `RESPON`	`HE CHARGE MEMO DATED` `SSED TO THE PETITIONER` `DENT`
`Exhibit`	`P2`	`TRUE COPY` `ADDRESSED` `PETITIONER`	`OF THE` `TO THE`	`LETTER DATED 05/12/2022` `2ND RESPONDENT BY THE`
`Exhibit`	`P3`	`TRUE COPY`	`OF THE`	`LETTER DATED 12/05/2023`
		`ISSUED BY` `RESPONDENT`	`THE`	`PETITIONER TO THE 3RD`
`Exhibit`	`P4`	`TRUE COPY` `RESPONDENT` `REFERENCE`	`OF LE` `DATE` `NO.GGS`	`TTER ISSUED BY THE 3RD` `D 29.05.2023 BEARING`
`Exhibit`	`P5`	`TRUE COPY` `THE 1ST` `AUGUST, 20`	`OF THE` `RESPOND` `23`	`PAYMENT SLIP ISSUED BY` `ENT FOR THE MONTH OF`
`Exhibit`	`P6`	`TRUE COPY` `STANDING` `OF 1ST RES`	`OF THE` `ORDERS` `PONDENT`	`RELEVANT PAGES OF THE` `(EMPLOYEE REGULATIONS)`
`Exhibit`	`P7`	`TRUE COPY` `HONOURABLE` `WP(C) NO.`	`OF` `COURT` `28002/2`	`THE JUDGMENT OF THIS` `DATED 23/12/2022 IN` `022`
`Exhibit`	`P8`	`TRUE COPY` `HONOURABLE` `NO. 1263/2`	`OF` `COURT` `022`	`THE JUDGMENT OF THIS` `DATED 26/10/2022 IN WA`

¶112

WPC Nos.43405, 39072, 34934 and 39505 of 2023

¶113

-12-

¶114

APPENDIX OF WP(C) 39505/2023

¶115

PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE OFFICIAL LETTER DATED
25/05/2020, ADDRESSED TO THE PETITIONER
ISSUED BY THE 3RD RESPONDENT
Exhibit P2TRUE COPY OF LETTER DATED 27/05/2020,
ISSUED BY THE 3RD RESPONDENT DIRECTING
DISBURSAL OF GRATUITY/DCRG
Exhibit P3TRUE COPY OF THE REPRESENTATION DATED
02/06/2023 PREFERRED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P4TRUE COPY OF THE POSTAL TRACKING
SUBSTANTIATING RECEIPT BY THE 2ND
RESPONDENT
Exhibit P5TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 23/12/2022 IN
WP(C) NO. 28002/2022
Exhibit P6TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 26/10/2022 IN WA
NO. 1263/2022

¶116

WPC Nos.43405, 39072, 34934 and 39505 of 2023

¶117

-13-

¶118

APPENDIX OF WP(C) 43405/2023

¶119

PETITIONER EXHIBITS

¶120

Exhibit P1TRUE COPY OF THE CERTIFICATE DATED
01/04/2023 ADDRESSED TO THE PETITIONER BY
THE 3RD RESPONDENT CERTIFYING THAT THE
PETITIONER WAS HOLDING THE POST OF CHIEF
MANAGER AND HAS PUT IN 33 YEARS AND 5
MONTHS OF SERVICE IN THE COMPANY

¶121

Exhibit P2TRUE COPY OF THE OFFICIAL LETTER DATED
28/02/2023, ADDRESSED TO THE PETITIONER
ISSUED BY THE 3RD RESPONDENT
Exhibit P3TRUE COPY OF LETTER DATED 31/03/2023
ISSUED BY THE 3RD RESPONDENT DIRECTING
DISBURSAL OF GRATUITY/DCRG
Exhibit P4TRUE COPY OF THE REPRESENTATION DATED
01/09/2023 PREFERRED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P5TRUE COPY OF THE POSTAL TRACKING
SUBSTANTIATING RECEIPT BY THE 2ND
RESPONDENT
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

Sanalkumar T.P v. Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

Sanalkumar T.P v. Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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