Kerala High Court
Kerala State Financial Enterprises Ltd vs Mohammed Ali Vp on 5 August, 2025
WA NO. 1590 OF 2025
1
2025:KER:58320
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TH
TUESDAY, THE 5
DAY OF AUGUST 2025 / 14TH SRAVANA,
1947
WA NO. 1590 OF 2025
AGAINST THE JUDGMENT DATED 17.03.2025 IN WP(C) NO.35429 OF
2024 OF HIGH COURT OF KERALA
APPELLANT/RESPONDENT:
ERALA STATE FINANCIAL ENTERPRISES LTD. K 'BHADRATHA', MUSEUM ROAD, PB NO. 510, THRISSUR REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680020 Y ADVS. B SHRI.M.GOPIKRISHNAN NAMBIAR SHRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SHRI.PAULOSE C. ABRAHAM SHRI.RAJA KANNAN SRI.JAI MOHAN RESPONDENT/PETITIONER: OHAMMED ALI VP M AGED 59 YEARS S/O UMMER MP 'RAISA', HOUSE NO. 56/ 298A, PULAYILPARAMBU KALLAI P.O., KOZHIKODE, KERALA, PIN - 673003 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 5.08.2025, 0 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 1590 OF 2025 2 2025:KER:58320 JUDGMENT Sushrut Arvind Dharmadhikari, J. Heard C.M.Appln No.1 of 2025 for condonation of delay. The appeal has been filed with a delay of 68 days. Having perused the reasons stated in the affidavit filed in support oftheapplication to condone delay, we are satisfied that sufficient causehasbeen made outtocondonethedelay. Hencedelayiscondoned,andtheappealis heard finally with the consent of parties. 2. The present intra-courtappeal filed under Section5ofthe Kerala High Court Act, 1958 assails the judgment dated 17.03.2025 passed in WP(C) No.35429 of 2024 whereby the appellant has been directed to disburse the terminal benefits of the respondentwithin three months. WA NO. 1590 OF 2025 3 2025:KER:58320 3. The appellantherein isthe respondentin the writpetition whereas the respondent herein was the petitioner. 4. The respondent had filed the writ petition seeking the following reliefs: " (i) issue a writ of mandamus or such other writ, direction or order compelling the Respondent to pay to the Petitioner the withheld amount such as 14,95,800/- towards Earned Leave surrendersalaryfor270dayswithinterestfrom01-06-2023tillthe date of payment, performance incentive fortheyears2022-23and 2023-24, statutory interest till 31-01-2024forthedelayedpayment of Gratuity amount as well as pay revision arrears from 2022 onwards; (ii) issueawritofcertiorariorsuchotherwrit,directionororder quashingExhibitsP2,P7,P10,P11&P13asstale,arbitrary,without application of mind, unreasonable, illegal and unconstitutional; (iii)dispensewiththefilingoftranslationintheEnglishlanguageof documents in vernacular produced as exhibits in the writ proceedings; (iv) issue such other writ, directionororderasisdeemedjustand necessary in the facts, features and circumstances of the case." 5. ThelearnedSingleJudgedisposedofthewritpetitiononthe ground that disciplinary enquiry would not continue after the respondent demitted the office in view of the relevant Standing WA NO. 1590 OF 2025 4 2025:KER:58320 OrderoftheKeralaStateFinancialEnterprises(KSFE). Thesaidissue isnolongerresintegra. ThisCourthasdecidedbatchofwritpetitions vide judgment dated 16.01.2025 passed in WP(C) No.31602 of 2024 andconnectedcasesandallowedthewritpetitions. Learnedcounsel for the appellant contended that in one of the orders they have approached the Hon'ble Apex Courtwhereinstay hasbeengranted. Therefore, the judgment ofthe learnedSingle Judgedeserves tobe stayed till the outcome of the SLP. 6. Percontra,learnedcounselfortherespondentopposedthe prayer and submitted that the learned Single Judge has rightly decided the writ petition. Assuch,no error isshowntohave been committed in the judgment. Therefore,thiswritappealdeservesto be dismissed. 7. Heard both sides. WA NO. 1590 OF 2025 5 2025:KER:58320 8.Inidenticalissue,W.ANo.301of2025hasbeendismissedvide judgment dated 14.02.2025 upholding the judgment of the learned Single Judge. Therefore, we are not inclined to interfere with the judgment passed by the learned Single Judge. Accordingly, this writ appeal being bereft of merit and substance, is hereby dismissed. Sd/- SUSHRUT ARVIND DHARMADHIKARI JUDGE Sd/- SYAM KUMAR V.M. JUDGE MC/5.8 WA NO. 1590 OF 2025 6 2025:KER:58320 APPENDIX OF WA 1590/2025 PETITIONER ANNEXURES Annexure A1 RUE T COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 02.07.2024 IN WRIT APPEAL NO. 803 OF 2024 Annexure A2 TRUE COPY OF THE ORDER DATED 08.11.2024 OF THE HON'BLE SUPREME COURT OF INDIAIN SLP (C) NO. 25529/ 2024 Annexure A3 TRUE COPY OF THE GO BEARING NO. 26/2022/P&EA DATED 07.11.2022 ISSUED BY THE DEPARTMENT OF PLANNING AND ECONOMIC AFFAIRS, GOVT. OF KERALA ALONG WITH ITS ENGLISH TRANSLATION Exhibit P2 ENGLISH TRANSLATION OF EXHIBIT.P2 IN WP(C) Exhibit.P3 ENGLISH TRANSLATION OF EXHIBIT.P3 IN WP(C) Exhibit P5 ENGLISH TRANSLATION OF EXHIBIT.P5 IN WP(C) Exhibit P6 ENGLISH TRANSLATION OF EXHIBIT.P6 IN WP(C) Exhibit.P7 ENGLISH TRANSLATION OF EXHIBIT.P7 IN WP(C) Exhibit P8 ENGLISH TRANSLATION OF EXHIBIT.P8 IN WP(C) Exhibit P10 ENGLISH TRANSLATION OF EXHIBIT.P10 IN WP(C) Exhibit P11 ENGLISH TRANSLATION OF EXHIBIT.P11 IN WP(C) Exhibit P13 ENGLISH TRANSLATION OF EXHIBIT.P13 IN WP(C)