Kerala High Court
Suresh N vs Kerala State Financial Enterprises ... on 11 April, 2024
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WPC 10093/24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 10093 OF 2024
PETITIONER/S:
SURESH N, AGED 58 YEARS, S/O NANUMADHAVAN, RESIDING AT
"SIVA KRIPA", IVERKALA WEST NORTH, PUTHENAMBALAM PO,
KOLLAM, KERALA, PIN - 691553
BY ADVS. R.SANJITH, C.S.SINDHU KRISHNAH, PRIYA RANI
SREEKUMAR
RESPONDENT/S:
1 KERALA STATE FINANCIAL ENTERPRISES LIMITED
"BHADRATHA",THRISSUR,REPRESENTED BY ITS MANAGING
DIRECTOR, PIN - 680020
2 MANAGING DIRECTOR KERALA STATE FINANCIAL ENTERPRISES
LIMITED, "BHADRATHA", THRISSUR, PIN - 680020
3 DEPUTY GENERAL MANAGER [D.G.M(P&HR)] KERALA STATE
FINANCIAL ENTERPRISES LIMITED, "BHADRATHA", THRISSUR,
PIN - 680020
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)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WPC 10093/24
JUDGMENT
(Dated this the 11th day of April 2024) The petitioner has retired from the service of Kerala State Financial Enterprises Limited (KSFE) as Senior Manager. He seeks for a direction to release the withheld terminal earned leave surrender and incentive for the year 2022-2023 along with interest from the due date till actual payment of the same.
2. The counsel for the petitioner submits that the terminal earned Leave Surrender and incentive are lawfully due to the petitioner and ought to have been settled at the time of retirement.
3. 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 dismissed the appeals, holding that there are no grounds to 3 WPC 10093/24 interfere with the judgment of the learned Single Judge. The petitioner herein are also entitled for the same order in view of the judgment in WA.1151 of 2022 and connected cases.
4. Heard the counsel on both sides.
5. 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:
"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. In the result, the writ petitions are allowed and the following directions are issued;
4WPC 10093/24
i. The Company shall disburse the DCRG and other benefits due to the petitioners within three months of receiving a copy of this judgment.
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.
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." Taking into account the facts and circumstances of the case and the above judgments of this Court, there will be a direction to the respondent to disburse the withheld Terminal Earned Leave Surrender and incentives for the year 2022-2023 due to the petitioner within three months from the date of receipt of a copy of the judgment. In case of failure to pay the amounts within the stipulated time, the amounts will carry interest at the rate of 6% per annum from the actual due date till payment.
The Writ Petition is disposed of.
Sd/-BASANT BALAJI, JUDGE dl/documents 5 WPC 10093/24 APPENDIX IN WP(C) 10093/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 29/04/2023 ADDRESSED TO THE PETITIONER BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF LETTER ISSUED BY THE 3RD RESPONDENT DIRECTING DISBURSAL OF GRATUITY/DCRG Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 28/02/2024 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE POSTAL RECEIPT DATED 29/02/24 Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 23/12/2022 IN WP(C) NO. 28002/2022 Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 26/10/2022 IN WA NO. 1263/2022