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K S Suku v. State of Kerala

Kerala HC23 Jul 2024WP(C)/4496/2024

Case brief

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What is this about?

A retired worker of Kerala State Handloom Weavers Co-operative Society filed a writ petition under Article 226 of the Constitution seeking immediate payment of terminal leave surrender benefits and gratuity, along with interest, as such amounts were due after a previous court order expired without payment.

What did the court decide?

Respondents directed to disburse terminal leave surrender benefits and gratuity within 3 months, carrying 6% annual interest from the due date.

K S Suku Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

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WPC 4496/24

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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 BASANT BALAJI

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THURSDAY, THE 8TH DAY OF FEBRUARY 2024 / 19TH MAGHA, 1945

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WP(C) NO. 4496OF 2024

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PETITIONER/S:

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K S SUKU, AGED 58 YEARS, S/O C N KRISHNAN, TC
5/264(2), GAURI NIVAS, EMS NAGAR, SASTHAMKONAM,
CHERUVAKKAL, THIRUVANANTHAPURAM, PIN - 695017

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BY ADVS. R.NANDAGOPAL ASWIN KUMAR M J

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES AND COMMERCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD. (HANTEX) OOTTUKUZHY, THIRUVANATHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695001

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3 MANAGING DIRECTOR KERALA STATE HANDLOOM WEAVERS COOPERATIVE SOCIETY LTD. (HANTEX) OOTTUKUZHY, THIRUVANANTHAPURAM, PIN - 695001

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OTHER PRESENT:

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SRI. N. RAGHURAJ SC, SR GP SMT MARY BEENA JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

WPC 4496/24

JUDGMENT

(Dated this the 8^th day of February 2024)

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The petitioner retired from the 2^nd respondent society on

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31.5.2023 as an unskilled worker. Even after 7 months from

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the date of retirement and repeated requests, the petitioner has

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not received her terminal leave surrender benefit and gratuity till date. His wage arrears for the period from 1.2.2011 till 30.4.2016 are also not received.

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The petitioner along with other persons, earlier approached this court and by judgment in W.P.(C) No.40099 of 2022 dated 20.12.2022, it was directed that the wage arrears, leave surrender benefits and D.A. arrears to be paid within 12 months from the date of said judgment. The said period is over, but not a single payment is made to the petitioner. Ext.Nos.P4 and P5 representations were submitted before the authorities, but no action is taken. Therefore, the petitioner has approached this court for issuance of a writ of mandamus or

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WPC 4496/24

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order or direction to respondent Nos.2 and 3 to disburse the terminal leave surrender benefits and gratuity due to the petitioner immediately.

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No counter affidavit is filed by respondent Nos.2 and 3.

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4 In the facts and circumstances of the case, this Writ Petition is disposed of, directing respondent Nos.2 and 3 to disburse the Terminal leave surrender benefits and gratuity due to the petitioner within a period of 3 months from the date of receipt of a copy of this judgment. If the amount is not paid as ordered above, the same shall carry interest @ 6% per annum from the date on which it became due.

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Sd/-BASANT BALAJI JUDGE

dl/

WPC 4496/24

APPENDIX OF WP(C) 4496/2024

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE RELIEVING ORDER DATED 31/05/2023
OF THE PETITIONER
Exhibit P2TRUE COPY OF THE JUDGMENT DATED 20/12/2022 IN
WRIT PETITION NO.40099 OF 2022 OF THIS HON'BLE
COURT
Exhibit P3TRUE COPY OF THE JUDGMENT DATED 17/11/2022 IN
WRIT PETITION NO. 36247 OF 2022

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Exhibit P4TRUE COPY OF THE REPRESENTATION MADE BY THE
PETITIONER DATED 15/11/2023 FOR DISBURSAL OF HIS
RETIREMENT BENEFITS LIKE TERMINAL LEAVE SURRENDER
BENEFIT AND GRATUITY AND ALSO STATING HIS
FINANCIAL CONSTRAINTS LIKE HOUSING LOAN AND
EDUCATIONAL EXPENSES OF HIS SON

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`Exhibit P5` `TRUE COPY OF THE REPRESENTATION DATED 20/12/2023`
`MADE BY PETITIONER AND HER SIMILARLY PLACED`
`EMPLOYEES FOR COMPLYING WITH THE EXHIBIT P2 ORDE`
`Exhibit P6` `TRUE COPY OF THE LOAN OUTSTANDING CERTIFICATE`
`DATED 09/11/2023 ISSUED BY SBI SCT ENGINEERING`
`COLLEGE BRANCH IN THE NAME OF THE PETITIONER`

K S Suku v. State of Kerala

Case brief

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K S Suku v. State of Kerala

Case brief

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