Partly allowed¶33

Gosalakrishnan Nair v. Vs the Kerala State Financial Enterprises Limited

Kerala HC4 Apr 2025WP(C)/33548/2024

Case brief

AI extract

What is this about?

Kerala High Court, Ernakulam; W.P.(C) No. 33548 of 2024; decided 04.04.2025 (2025:KER:29737); Justice D. K. Singh; KSFE retirement benefits; withheld gratuity; earned leave surrender; leave surrender value with 6% interest; retrospective promotion to Assistant General Manager; anticipation of disciplinary proceedings; mandamus; representations Exhibits P2 and P3; W.P.(C) No.31602/2024 followed; writ petition partly allowed.

What did the court decide?

Prayer for retrospective promotion to the post of Assistant General Manager (with consequential arrears) rejected; writ petition allowed to the extent of the withheld post-retirement dues in terms of the judgment in W.P.(C.) No.31602/2024 and connected cases. ¶33

Gosalakrishnan Nair v Vs the Kerala State Financial Enterprises Limited — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who was never promoted, is entitled to retrospective promotion to the post of AGM with consequential arrears of salary, gratuity and earned leave surrender. +2 more

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Court's answer

The Court found no substance in the prayer for giving the petitioner retrospective promotion to the post of Assistant General Manager, since the petitioner was never promoted, and rejected that relief to that extent (thereby rejecting the associated claim for arrears of salary, gratuity and earned leave surrender flowing from such promotion).

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Ratio / Principle

As regards withholding of the petitioner's post-retirement dues in anticipation of some disciplinary proceedings, the Court held that the issue is covered by its judgment in W.P(C.) No.31602/2024 and other connected cases.

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Key takeaways

Accordingly, the writ petition was allowed, to the extent of the post-retirement dues, in terms of the judgment in W.P(C.) No.31602/2024 and connected cases.ratio¶33

Detailed headnote1 paragraphs

Retired employee of the Kerala State Financial Enterprises Limited filed a writ petition seeking (i) retrospective promotion to the post of Assistant General Manager with arrears of salary, gratuity and earned leave surrender, and (ii) release of withheld leave surrender value / post-retirement benefits with interest at 6%, or alternatively directions to act on his representations (Exhibits P2 and P3). Held by the High Court of Kerala (D. K. Singh, J.), disposing of the matter on 04.04.2025: (a) no substance lay in the prayer for retrospective promotion, as the petitioner was never promoted to the AGM post, and that relief stood rejected; (b) however, as to withholding of post-retirement dues in anticipation of some disciplinary proceedings, the issue was covered by this Court's judgment in W.P(C.) No.31602/2024 and other connected cases, and the writ petition was allowed to that extent in terms of that judgment. Disposition: partly allowed.

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WP(C) NO. 33548 OF 2024

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2025:KER:29737

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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 D. K. SINGH

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FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947

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WP(C) NO.33548OF 2024

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PETITIONER:

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GOSALAKRISHNAN NAIR V
AGED 58 YEARS
S/O VELAPPAN NAIR, ASST GENERAL MANAGER - IN CHARGE (RETD),
RESIDING AT &#8216;MADHAVAM’, KORANI P.O, CHEMPAKAMANGALAM,
THIRUVANANTHAPURAM, PIN - 695104

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BY ADVS.
MANU GOVIND
AISWARYA V.

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RESPONDENT:

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THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, '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
04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 33548 OF 2024

2025:KER:29737

JUDGMENT

The petitioner is a retired employee of the Kerala State Financial Enterprises Limited. The petitioner has approached this Court in the present writ petition seeking the following prayers:

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i. a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondent to disburse the arrears of salary, along with the consequential arrears in gratuity and earned leave surrender, thenceforth the petitioner became eligible for promotion to the post of AGM, within a time frame to be fixed by this Honourable Court; and

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ii. a writ, order or direction in the nature of mandamus directing the respondent to release the withheld leave surrender value, with interest at the rate of 6% from the date it fell due till the date of realisation; or in the alternative;

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iii. a writ in the nature of mandamus compelling the respondent to act upon Exhibit P2 and P3 representations within a time frame to be stipulated by this Honourable Court; or

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iv. pass such any other direction, order or reliefs, as this Honourable Court may deem fit in the interest of justice, equity and good conscience.

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This Court finds no substance in the prayer

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made in this writ petition for giving the petitioner retrospective promotion to the post of Assistant General

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Manager where the petitioner was never promoted.

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WP(C) NO. 33548 OF 2024

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2025:KER:29737

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Therefore, the relief sought to that extent is rejected.

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However, so far as the question of withholding of the post-retirement dues of the petitioner is concerned, in the anticipation of some disciplinary proceedings, the issue is covered by the judgment of this Court in W.P(C.) No.31602/2024 and other connected cases.

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Therefore, the writ petition, to that extent, is allowed in terms of the judgment mentioned above.

Sd/-

D. K. SINGH

JUDGE

WP(C) NO. 33548 OF 2024

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2025:KER:29737

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APPENDIX OF WP(C) 33548/2024

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF LETTER BEARING REF NO. 47035 DATED
23.07.2024 FROM THE RESPONDENT
Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED
05.09.2024 SEEKING DISBURSEMENT OF WITHHELD
RETIREMENT BENEFITS (₹3,12,500/-)
Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED
05.09.2024

Gosalakrishnan Nair v. Vs the Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

Gosalakrishnan Nair v. Vs the Kerala State Financial Enterprises Limited

Case brief

What is this about?

What did the court decide?

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What the court decided

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