Allowed

T.R. Hariprasad v. Thiruvananthapuram Development Authority (Trida)

Kerala HC7 Jun 2024WP(C)/7891/2024

Case brief

AI extract

What is this about?

Three concurrent writ petitions were filed by retired employees of the Thiruvananthapuram Development Authority seeking disbursement of their retirement benefits, which remained undispersed for nearly a year due to the Authority's financial crisis. The court directed partial and phased payment of the dues.

What did the court decide?

The 1st respondent shall disburse one-fourth of the total amount due within 3 months and the balance within 4 months thereof, with interest at 6% p.a.

T.R. Hariprasad Vs Thiruvananthapuram… — Pension and Retirement Benefits | Kerala HC (2024)

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WPC 7891, 5502 & 9922/24

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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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FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946

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WP(C) NO. 7891 OF 2024

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PETITIONER/S:

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T.R. HARIPRASAD, AGED 56 YEARS S/O RAGHAVAN N. THAYYIL
SREEVILAS NANGIARKULANGARA P.O., ALAPPUZHA, PIN - 690513
BY ADV JELSON J.EDAMPADAM

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RESPONDENT/S:

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1 THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY (TRIDA) JAYAMANSION, VAZHUTHACAUD, SASTHAMANGALAM, TRIVANDRUM REPRESENTED BY ITS SECRETARY., PIN - 695010

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2 THE SECRETARY THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, JAYAMANSION, VAZHUTHACAUD, SASTHAMANGALAM, TRIVANDRUM, PIN - 695010

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BY ADVS. Smitha.s.Pillai,

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N.NANDAKUMARA MENON (SR.)(N-24)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.06.2024, ALONG WITH WP(C).5502/2024 and 9922/2024,
THE COURT ON 7.6.2024 DELIVERED THE FOLLOWING:

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WPC 7891, 5502 & 9922/24

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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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FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
WP(C) NO.5502 OF 2024

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PETITIONER/S:

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KRISHNA KUMARI L, AGED 56 YEARS, CSM 178(1), CSM NAGAR,
EDAPPAZHANJI, SASTHAMANGALAM P O, THIRUVANANTHAPURAM,
PIN - 695010

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BY ADV ADARSH S.

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RESPONDENT/S:

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THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY TRIDA
REPRESENTED BY ITS SECRETARY, JAYAMANSION, VAZHUTHACAUD,
SASTHAMANGALAM P O, THIRUVANANTHAPURAM, PIN - 695010

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BY ADVS. Smitha.s.Pillai N.NANDAKUMARA MENON (SR.)(N-24)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.06.2024, ALONG WITH WP(C).7891/2024 AND 9922/24, THE
COURT ON 7.6.2024 DELIVERED THE FOLLOWING:

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WPC 7891, 5502 & 9922/24

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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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FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946

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WP(C) NO.9922 OF 2024

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PETITIONER/S:

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1 P.B. PRAMOD, AGED 56 YEARS S/O N. BALAKRISHNAN, T.C.9/2277(1) SANATANA, KURUPS LANE SASTHAMANGALAM P.O., THIRUVANANTHAPURAM, PIN - 695010

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2 BINEESH T.K., AGED 56 YEARS, S/O T.R. KUTTIKRISHNAN, VISHAKHAM (H), MANASSERRY P.O., MUKKAM, KOZHIKKODE, PIN - 673602

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3 MINI I, AGED 56 YEARS, D/O V. ISMAIL PILLAI B9KANNANALLOOR HOUSE, KARALI GARDENS, PANGAPPARA P.O., THIRUVANANTHAPURAM, PIN - 695581

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BY ADV JELSON J.EDAMPADAM

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RESPONDENT/S:

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1 THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY JAYAMANSION, VAZHUTHACAUD, SASTHAMANGALAM, TRIVANDRUM, REPRESENTED BY ITS SECRETARY, PIN - 695010

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2 THE SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, JAYAMANSION, VAZHUTHACAUD, SASTHAMANGALAM, TRIVANDRUM, PIN - 695010

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BY ADVS. Smitha.s.Pillai, N.NANDAKUMARA MENON (SR.)(N-
24)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.06.2024, ALONG WITH WP(C).7891/2024 AND 5502/24, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC 7891, 5502 & 9922/24

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JUDGMENT

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(Dated this the 7^th day of June 2024)

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All these Writ Petitions are filed by the respective

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petitioners for disbursement of the retirement benefits due to

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them. The petitioners retired from the service of the 1^st respondent in the year 2023. The grievance is that even after

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a lapse of around one year after retirement, the retirement benefits are not disbursed to them.

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The learned senior standing counsel

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Shri.N.Nandakumara Menon, representing the counsel appearing for the respondent Company, submits that it is due

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to extreme financial crisis the 1^st respondent is facing, the that amounts are not disbursed. The senior counsel, on instructions, submits that as an interim measure, one-fourth

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of the total amounts due to each of the petitioners can be

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disbursed within 3 months from today and the balance within

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WPC 7891, 5502 & 9922/24

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6 months thereafter.

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The counsel appearing for the petitioners submits

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that though the petitioners retired from service one year

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back, they are facing acute financial conditions and need money at the earliest.

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Therefore, taking into consideration the plight of the petitioners as well as the financial crisis of the 1^st respondent, I deem it appropriate to pass the following orders:

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(i) The 1^st respondent shall disburse one-fourth of the total amount due to the petitioners within a period of 3 months from today.

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(ii) The balance amount shall be paid within a period of 4 months thereafter. If the amounts are not disbursed within the time stipulated above, the same will carry interest at the rate of 6% per annum from the due date till the date of payment.

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(iii) The unpaid gratuity will carry interest at the rate of 6% per annum, computed from the first day of the next month of retirement of the petitioners .

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Sd/- BASANT BALAJI, JUDGE

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dl/

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WPC 7891, 5502 & 9922/24

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APPENDIX OF WP(C)5502/2024

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE THE ORDER OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 31.05.2023

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Exhibit P2TRUE COPY OF THE ORDER DATED 30.11.2023 BY THE 1ST
RESPONDENT

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Exhibit P3TRUE COPY OF THE REQUEST LETTER DATED 05.01.2024
Exhibit P4TRUE COPY OF THE REQUEST LETTER DATED 27.01.2024

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WPC 7891, 5502 & 9922/24

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APPENDIX OF WP(C)9922/2024

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE ORDER NO. A1/1112/2000/TRIDA DATED 30.11.2023, OF THE 2ND RESPONDENT, SANCTIONING PENSIONARY BENEFITS TO THE 1ST PETITIONER

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Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 23.02.2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT

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Exhibit P3 TRUE COPY OF THE ORDER NO. A1/220/1996/TRIDA DATED

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29.01.2024, OF THE 2ND RESPONDENT, SANCTIONING

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PENSIONARY BENEFITS TO THE 2ND PETITIONER

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Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 05.02.2024

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SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT

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Exhibit P5 TRUE COPY OF THE ORDER NO. A1/2635/2000/TRIDA DATED 30.11.2023, OF THE 2ND RESPONDENT, SANCTIONING PENSIONARY BENEFITS TO THE 3RD PETITIONER

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Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 18.01.2024 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT

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Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 26.07.2023 IN W.P.(C) 10610 OF 2023 OF THIS HON'BLE COURT

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WPC 7891, 5502 & 9922/24

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APPENDIX OF WP(C)7891/2024

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE ORDER NO. A1/817/2008/TRIDA DATED
30.11.2023, OF THE 2ND RESPONDENT, SANCTIONING
PENSIONARY BENEFITS TO THE PETITIONER

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Exhibit P2 TRUE COPY OF THE E-MAIL DATED 07.10.2023 SENT BY THE PETITIONER TO THE 2ND RESPONDENT

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Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 26.07.2023 IN W.P.(C) 10610 OF 2023 OF THIS HON'BLE COURT

T.R. Hariprasad v. Thiruvananthapuram Development Authority (Trida)

Case brief

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T.R. Hariprasad v. Thiruvananthapuram Development Authority (Trida)

Case brief

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