Allowed

Kunhikrishnan T P v. State of Kerala

Kerala HC6 Mar 2024WP(C)/4892/2024

Case brief

AI extract

What is this about?

The High Court directed the 2nd and 3rd respondents to disburse unpaid retirement benefits, including wage arrears, terminal leave surrender benefit, and gratuity, to retired petitioners within 12 months, with 6% interest violations ordered.

What did the court decide?

Directed respondent Nos. 2 and 3 to disburse wage arrears, Terminal Leave Surrender Benefit, security deposit, DA arrears, leave surrender benefit, and gratuity within 12 months, with 6% interest for

Kunhikrishnan T P Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

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WPC 4892 and 4874/24

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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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WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945

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WP(C) NO. 4892 OF 2024

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PETITIONER/S:

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KUNHIKRISHNAN T P

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AGED 60 YEARS

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S/O VASUDEVAN K P, KAUSTHUBHAM HOUSE, CHUDUVALATHOOR,
SHORANUR, PALAKKAD, PIN - 679121

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BY ADVS.

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R.NANDAGOPAL
ASWIN KUMAR M J

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RESPONDENT/S:

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

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2KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY
LTD. (HANTEX)

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OOTTUKUZHY, THIRUVANATHAPURAM- 695001, REPRESENTED BY
ITS MANAGING DIRECTOR, PIN - 695001

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3MANAGING DIRECTOR
KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY
LTD. (HANTEX) OOTTUKUZHY, THIRUVANATHAPURAM, PIN -
695001

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BY ADV N. RAGHURAJ

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OTHER PRESENT:

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GP SRI. TONY AUGUSTINE.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH WP(C).4874/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WPC 4892 and 4874/24

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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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WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945

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WP(C) NO. 4874 OF 2024

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PETITIONER/S:

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SREEKUMAR E P

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AGED 58 YEARS
S/O NARAYANAN, PUTHALATH HOUSE, MORAZHA P O,
MOTTAMMAL VIA, KANNUR, PIN - 670331

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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

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REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES
AND COMMERCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001

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2KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY
LTD. (HANTEX)

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OOTTUKUZHY, THIRUVANATHAPURAM, REPRESENTED BY ITS
MANAGING DIRECTOR, PIN - 695001

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

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BY ADV N. RAGHURAJ
GP SRI. TONY AUGUSTINE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH WP(C).4892/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 4892 and 4874/24

JUDGMENT

[WP(C) Nos.4892/2024 and 4874/2024] (Dated this the 6^th day of March 2024)

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The petitioners are retired employees from the 2^nd

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respondent Society after attaining the age of superannuation.

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They have approached this court with the following

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prayers:

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(i) To issue a writ of mandamus or order or direction to the 2ndand 3rdrespondents disburse the balance of wage arrears based-on Exhibit P1 revised pay scales within a stipulated time period.

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(ii) To issue a writ of mandamus or order or direction to the 2^nd and 3rdrespondents to disburse the Terminal Leave Surrender Benefit and the security deposit and its interest therein due to the petitioner within a stipulated time period.

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(iii) To issue a writ of mandamus or order or direction to the 2^nd and 3rd respondents to disburse balance of DA arrears in accordance Exhibit P3 order of the society within a stipulated time period.

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(iv) To issue a writ of mandamus or order or direction to the 2^nd and 3rdrespondents to disburse the Leave Surrender Benefit due to the petitioner as per Exhibit P4 order within a stipulated time period.

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(v) To issue a writ of mandamus or order or direction to the 2^nd and 3^rd respondents to disburse the petitioner’s gratuity and security deposit.

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WPC 4892 and 4874/24

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The learned counsel for the petitioners brought to the

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notice of this court that in various judgments of this court filed

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seeking for wage arrears, terminal leave arrears and pay

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revision arrears, this Court has granted the reliefs as prayed therein. The counsel submits that the petitioners herein are also similarly placed and seek for the disbursement of amounts. Even after repeated requests and representations, the petitioners have not received their wage arrears, Terminal

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leave surrender benefit and arrears of DA.

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No counter affidavit is filed by respondents.

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In the facts and circumstances of the case, these Writ

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Petitions are disposed of, directing respondent Nos.2 and 3 to disburse the balance amount of wage arrears, Terminal leave surrender benefits, security deposit, balance of DA arrears, leave surrender benefit, gratuity due to the petitioners and all

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other retirement benefits, either in lumpsum or in monthly

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WPC 4892 and 4874/24

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instalments within a period of 12 months. If the amounts are not paid as ordered above, the same shall carry interest @ 6%

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per annum from the due date till disbursement.

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Sd/-

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BASANT BALAJI JUDGE

dl/

WPC 4892 and 4874/24

APPENDIX OF WP(C) 4874/2024

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE ORDER NO. GO(MS) NO. 41/2016/ID
DATED 29/02/2016

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Exhibit P2A TRUE COPY OF THE ORDER NO. A1/ 619/PAY RVN/ 2004
DATED 25/06/2016

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Exhibit P3TRUE COPY OF THE ORDER A3/360/H.O.HANTEX/D.A./2012
DATED 17/03/2021 PASSED BY THE 2ND RESPONDENT
SOCIETY

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Exhibit P4TRUE COPY OF THE LEAVE SURRENDER BENEFIT SANCTIONED
BY THE 2ND RESPONDENT SOCIETY FOR THE YEAR 2020-
2021 DATED 15/04/2021

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Exhibit P5TRUE COPY OF THE JUDGMENT DATED 22/09/2022 IN W.P
(C) NO. 28930 OF 2022

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Exhibit P6TRUE COPY OF THE JUDGMENT DATED 17/11/2022 IN W.P
(C) NO. 36247 OF 2022

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Exhibit P7TRUE COPY OF THE LAST MADE REPRESENTATION MADE BY
THE PETITIONER DATED 10/05/2023 FOR DISBURSAL OF
HIS RETIREMENT AND OTHER BENEFITS

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Exhibit P8TRUE COPY OF THE RELIEVING ORDER DATED 29/04/2023
OF THE PETITIONER

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WPC 4892 and 4874/24

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APPENDIX OF WP(C) 4892/2024

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE ORDER NO. GO(MS) NO. 41/2016/ID
DATED 29/02/2016 OF THE 1ST RESPONDENT

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Exhibit P2A TRUE COPY OF THE ORDER NO. A1/ 619/PAY RVN/ 2004
DATED 25/06/2016

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Exhibit P3TRUE COPY OF THE ORDER A3/360/H.O.HANTEX/D.A./2012
DATED 17/03/2021 PASSED BY THE 2ND RESPONDENT
SOCIETY

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Exhibit P4TRUE COPY OF THE LEAVE SURRENDER BENEFIT SANCTIONED
BY THE 2ND RESPONDENT SOCIETY FOR THE YEAR 2020-
2021 DATED 15/04/2021

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Exhibit P5TRUE COPY OF THE JUDGMENT DATED 22/09/2022 IN W.P
(C) NO. 28930 OF 2022

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Exhibit P6TRUE COPY OF THE JUDGMENT DATED 17/11/2022 IN W.P
(C) NO. 36247 OF 2022

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Exhibit P7TRUE COPY OF THE REPRESENTATION MADE BY THE
PETITIONER DATED 20/07/2023 FOR DISBURSAL OF ALL
THE RETIREMENT BENEFITS AND OTHER BENEFITS

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Exhibit P8TRUE COPY OF THE RELIEVING ORDER DATED 31/12/2021
OF THE PETITIONER

Kunhikrishnan T P v. State of Kerala

Case brief

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Kunhikrishnan T P v. State of Kerala

Case brief

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