Kerala High Court
Kerala State Financial Enterprises Ltd vs Sunny Sebastian on 17 July, 2025
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W.A No.1384 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
WA NO. 1384 OF 2025
AGAINST THE JUDGMENT DATED 28.01.2025 IN WP(C)
NO.18689 OF 2024 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LTD.
'BHADRATHA', MUSEUM ROAD, PB NO. 510, THRISSUR
REPRESENTED BY ITS MANAGING DIRECTOR. & ORS., PIN -
680020
2 MANAGING DIRECTOR
KERALA STATE FINANCIAL ENTERPRISES LTD. 'BHADRATHA',
MUSEUM ROAD, PB NO. 510, THRISSUR, PIN - 680020
3 DEPUTY GENERAL MANAGER (P & HR)
KSFE HEAD OFFICE 'BHADRATHA', MUSEUM ROAD, PB NO. 510,
THRISSUR, PIN - 680020
BY ADVS.
SHRI.M.GOPIKRISHNAN NAMBIAR
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
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SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
SMT.POOJA MENON
RESPONDENT/PETITIONER:
SUNNY SEBASTIAN
AGED 60 YEARS, S/O MV SEBASTIAN RESIDING AT
MALLAPPALLIL HOUSE PALLIKUNNU PO, WAYANAD DISTRICT,
PIN - 673124
BY ADVS.
SHRI.R.SANJITH
SMT.C.S.SINDHU KRISHNAH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.07.2025, THE COURT ON 17.07.2025 DELIVERED THE FOLLOWING:
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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 35 days. Having perused the reasons stated in the affidavit filed in support of the application to condone delay, we are satisfied that sufficient cause has been made out to condone the delay. Hence delay is condoned, and the appeal is heard finally with the consent of parties.
2. The present intra-court appeal filed under Section 5 of the Kerala High Court Act, 1958 assails the judgment dated 28.01.2025 passed in WP(C) No.18689 of 2024 whereby the appellants have been directed to disburse the terminal benefits of the respondent within three months. It was also directed that in case where the gratuity has not been paid, it will carry statutory interest and the same shall also be paid within three months.
3. The appellants herein are the respondents in the writ petition whereas the respondent herein was the petitioner.
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4. The respondent had filed the writ petition seeking the following reliefs:
(i) To call for the records leading to the issuance of Exhibit P7, examine its legality, propriety and quash the same and all allied proceedings connected to Exhibit P7 by issuing a writ of certiorari.
(ii) To issue a writ of mandamus and direct the respondents to release the arbitrarily withheld all retirement benefits including Terminal Surrender of Earned Leave, Pay Revision Arrears, Incentives and other retirement benefits lawfully due to the petitioner along with 12% interest from the date it has fallen due till actual payment, as expeditiously as possible, within a time frame to be fixed by this Honourable Court.
(iii) To pass any other and such other orders as this Honourable Court deem fit to pass in the nature and circumstance of the case.
(iv) To award the cost of this proceedings to the petitioner.
(v) It is also prayed that this Honourable Court may be pleased to dispense with the production of translation of vernacular documents in the above writ petition".
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5. The learned Single Judge disposed of the writ petition on the ground that disciplinary enquiry would not continue after the respondent demitted the office in view of the relevant Standing Order of the Kerala State Financial Enterprises (KSFE). The said issue is no longer res integra. This Court has decided batch of writ petitions vide judgment dated 16.01.2025 passed in WP(C) No.31602 of 2024 and connected cases and allowed the writ petitions. Learned counsel for the appellants contended that in one of the orders they have approached the Hon'ble Apex Court wherein stay has been granted. Therefore, the judgment of the learned Single Judge deserves to be stayed till the outcome of the SLP.
6. Per contra, learned counsel for the respondent opposed the prayer and submitted that the learned Single Judge has rightly decided the writ petition. As such, no error is shown to have been committed in the judgment. Therefore, this writ appeal deserves to be dismissed.
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7. Heard both sides.
8. In identical issue, W.A No.301 of 2025 has been dismissed vide 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
smp
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APPENDIX OF WA 1384/2025
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE JUDGMENT DATED 16.01.2025
IN WRIT PETITION (CIVIL) NO. 31602 OF 2024 Annexure 2 A TRUE COPY OF THE ORDER DATED 08.11.2024 OF THE HON'BLE SUPREME COURT OF INDIA IN SLP (C) NO. 25529/ 2024 Annexure A3 A TRUE COPY OF THE GO BEARING NO.
26/2022/P&EA DATED 17.11.2022 ISSUED BY THE DEPARTMENT OF PLANNING AND ECONOMIC AFFAIRS, GOVT. OF KERALA ALONG WITH ITS ENGLISH TRANSLATION Annexure A4 A TRUE COPY OF THE JUDGMENT DATED 14.02.2025 OF THE DIVISION BENCH OF THIS HON'BLE COURT IN WRIT APPEAL NO. 297 OF 2025 Exhibit P4 ENGLISH TRANSLATION OF EXT.P4 REFERRED TO IN THE WP(C) Exhibit P5 ENGLISH TRANSLATION OF EXT.P5 REFERRED TO IN THE WP(C) Exhibit P6 ENGLISH TRANSLATION OF EXT.P6 REFERRED TO IN THE WP(C) Exhibit P7 ENGLISH TRANSLATION OF EXT.P7 REFERRED TO IN THE WP(C) Exhibit P8 ENGLISH TRANSLATION OF EXT.P8 REFERRED TO IN THE WP(C)