Allowed

Mary Prasanna M. a v. the Kerala State Financial Enterprises Limited

Kerala HC15 Mar 2024WP(C)/6745/2023

Case brief

AI extract

What is this about?

This order concluded several writ petitions filed by retired employees of Kerala State Financial Enterprises Limited. The Court directed the respondent to release withheld terminal leave surrender and Dearness Allowance (DA) arrears within three months, along with 6% interest from the due date until payment.

What did the court decide?

Petitions allowed; direction to disburse withheld Terminal Leave Surrender/DA arrears within 3 months of receipt of judgment; 6% interest payable from actual due date until payment.

Mary Prasanna M. a Vs the Kerala State… — Pension and Retirement Benefits | Kerala HC (2024)

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WPC 14708/2019 & cnctd cases

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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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FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
WP(C) NO. 14708OF 2019

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PETITIONER/S:

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R.SHAJI, AGED 58 YEARS
S/O. K.RAGHAVAN, AGRAHARAM, NEAR PRIVATE BUS STAND,
VAIKOM P.O., NADUVILE, KOTTAYAM-686 141.

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BY ADVS.
S.M.PREM
P.RAMACHANDRAN (PALAKKAD)
H.NARAYANAN

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RESPONDENT/S:

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THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM
ROAD, THRISSUR-680 020

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BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM

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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:

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WPC 14708/2019 & cnctd cases

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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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FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
WP(C) NO. 26294 OF 2019

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PETITIONER/S:

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P J JUSTICE JIN,AGED 64 YEARS
S/O JOSEPH P.P., PUTHEZHATHU HOUSE, NAYARAMBALAM P.O.,
ERNAKULAM - 682 509

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BY ADVS.
S.M.PREM
SRI.P.RAMACHANDRAN (PALAKKAD)
SRI.H.NARAYANAN

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RESPONDENT/S:

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THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS MANAGER DIRECTOR, BHADRATHAM, MUSEUM
ROAD, THRISSUR - 680 020

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BY ADVS.
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM

¶26

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:

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¶28

WPC 14708/2019 & cnctd cases

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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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FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
WP(C) NO.6745OF 2023

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PETITIONER/S:

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MARY PRASANNA M. A
AGED 59 YEARS
W/O. ANTONY V., RAJ SADANAM, MULAVANA P.O., PERAYAM,
KUNDARA, KOLLAM, PIN - 691503

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BY ADVS.
S.M.PREM
G INDUCHUDAN

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RESPONDENT/S:

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THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM
ROAD, THRISSUR, PIN - 680020

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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)

¶39

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:

¶40

¶41

WPC 14708/2019 & cnctd cases

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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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FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
WP(C) NO.33850OF 2023

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PETITIONER/S:

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RAJENDRA RAO D.,AGED 58 YEARS
S/O. THE LATE K. DASAN, RAJEEVAM, KADAKKARAPPALLY P.O.,
CHERTHALA, ALAPPUZHA, PIN - 688529

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BY ADVS.
S.M.PREM
G INDUCHUDAN

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RESPONDENT/S:

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THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM
ROAD, THRISSUR, PIN - 680020

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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)

¶52

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:

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¶54

WPC 14708/2019 & cnctd cases

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶56

PRESENT

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THE HONOURABLE MR.JUSTICE BASANT BALAJI

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FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945

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WP(C) NO. 4351 OF 2024

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PETITIONER/S:

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JAYADEVAN D, AGED 63 YEARS
S/O DIVAKARAN, RESIDING AT VINAYAKA HOUSE, THEKKEVILA,
P.O., KOLLAM, PIN - 691016

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BY ADVS.R.SANJITH
C.S.SINDHU KRISHNAH
SIDHI K. KUTTY

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RESPONDENT/S:

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

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2 DEPUTY GENERAL MANAGER (P&HR) (I/C) KERALA STATE FINANCIAL ENTERPRISES LIMITED, "BHADRATHA", MUSEUM ROAD, P.B.NO.510, THRISSUR, PIN - 680020`

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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)

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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:

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¶69

WPC 14708/2019 & cnctd cases

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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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FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945

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WP(C) NO.32201 OF 2019

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PETITIONER/S:

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K.SASIKUMAR
AGED 66 YEARS
S/O.THE LATE KUMARAN NAIR, KAUSTHUBHAM, KARIYAM, POW-
DIKONAM P.O., THIRUVANANTHAPURAM-695 587.

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BY ADVS.S.M.PREM
SRI.P.RAMACHANDRAN (PALAKKAD)
SRI.H.NARAYANAN

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RESPONDENT/S:

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THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, BHADRATHA, MUSEUM
ROAD, THRISSUR-680 020.

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BY ADVS.

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SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM

¶82

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:

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WPC 14708/2019 & cnctd cases

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JUDGMENT

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(Dated this the 15^th day of March 2024) [WP(C) Nos.14708/2019, 26294/2019, 6745/2023, 33850/2023, 4351/2024 and 32201/2019]

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The petitioners are retired employees of Kerala State

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Financial Enterprises Limited (KSFE). They seek for a direction to release the withheld terminal leave surrender and

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

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The counsel for the petitioners submit that the terminal Leave Surrender and DA arrear are lawfully due to

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the petitioners and ought to have been settled at the time of retirement.

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Counter affidavits are filed by the respondent/KSFE Corporation in the Writ Petitions, except in W.P.(C) No.4351 of 2024. It is submitted in the counter affidavits

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that the usual practice of the respondent is that the liabilities

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in the name of each of employee, before the retirement, are

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WPC 14708/2019 & cnctd cases

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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.

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This issue is already covered by the judgment of a 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

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dismissed the appeals, holding that there are no grounds to

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WPC 14708/2019 & cnctd cases

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interfere with the judgment of the learned Single Judge. The petitioners herein are also entitled for the same order in view

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of the judgment in WA.1151 of 2022 and connected cases.

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Heard the counsel on both sides.

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W.A No.1151 of 2022 was filed against the judgment in W.P.(C) No.7203 of 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 of 2021 reads as follows:

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“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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WPC 14708/2019 & cnctd cases

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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 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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Taking into account the facts and circumstances of the

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

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direction to the respondent to disburse the

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withheld Terminal Leave Surrender/DA arrears to the

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petitioners within three months from the date of receipt of a

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copy of the judgment. In case of failure to pay the amounts

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within the stipulated time, the amounts will carry interest at

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WPC 14708/2019 & cnctd cases

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the rate of 6% per annum from the actual due date till payment.

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The Writ Petitions are disposed of.

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Sd/ BASANT BALAJI, JUDGE

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dl/

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WPC 14708/2019 & cnctd cases

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APPENDIX OF WP(C) 26294/2019

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF PAYROLL ISSUED BY THE RESPONDENT COM-
PANY - FOR THE MONTH OF MAY 2013

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EXHIBIT P2TRUE COPY OF THE REPRESENTATION DATED 25.10.2016
SUBMITTED BY THE PETITIONER TO THE RESPONDENT-MANAG-
ING DIRECTOR OF KSFE.

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WPC 14708/2019 & cnctd cases

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APPENDIX OF WP(C) 6745/2023

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PETITIONER EXHIBITS

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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

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WPC 14708/2019 & cnctd cases

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APPENDIX OF WP(C) 33850/2023

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE PETITIONER'S APPLICATION DATED 05-
09-2023 MADE UNDER THE RIGHT TO INFORMATION ACT,
2005

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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

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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 RESPONDENT

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Exhibit 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).

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WPC 14708/2019 & cnctd cases

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APPENDIX OF WP(C) 4351/2024

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE CHARGE MEMO DATED 11/10/2018 ISSUED
TO THE PETITIONER BY THE 2ND RESPONDENT

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Exhibit P2TRUE COPY OF LETTER ISSUED BY THE 2ND RESPONDENT
DATED 27.10.2018 BEARING REFERENCE NO. GGS

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Exhibit P3TRUE COPY OF REPLY DATED 30/10/2018 ADDRESSED TO THE
2ND RESPONDENT BY THE PETITIONER

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Exhibit P4TRUE COPY OF LETTER DATED 08/07/2019 WITH REF
NO.48387

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Exhibit P5TRUE COPY OF REPRESENTATION DATED 20/12/2023 PRE-
FERRED BY THE PETITIONER TO THE STATE FINANCIAL MIN-
ISTER

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Exhibit P6TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT
DATED 23/12/2022 IN WP(C) NO. 28002/2022

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Exhibit P7TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT
DATED 26/10/2022 IN WA NO. 1263/2022

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WPC 14708/2019 & cnctd cases

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APPENDIX OF WP(C) 32201/2019

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PETITIONER EXHIBITS

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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.

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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.

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WPC 14708/2019 & cnctd cases

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APPENDIX OF WP(C) 14708/2019

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PETITIONER EXHIBITS

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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.

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EXHIBIT P2TRUE COPY OF THE RELEVANT CIRCULAR NO.10/2000 (PLG)
DATED 21.1.2000 ISSUED FROM THE OFFICE OF THE RE-
SPONDENT.

Mary Prasanna M. a v. the Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

Mary Prasanna M. a v. the Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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