Kerala High Court
Nixon Alexander vs State Of Kerala on 16 July, 2021
WA No.833/2020 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 16th day of July 2021 / 25th Ashadha, 1943
WA NO. 833 OF 2020
Against Judgment dated 12.12.2019 in WP(C) 15603/2019 of this Court.
---
APPELLANT/PETITIONER:
NIXON ALEXANDER,S/O.ALEXANDER (LATE),AGED 62 YEARS,
WATER HOUSE,VELIYANNUR,VELLANAD,
VILLAGE INDUSTRIES OFFICER (RTD.),
DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICE,
THIRUVANANTHAPURAM - 695 543.
BY ADVS. M/S. SHAJI THOMAS & JEN JAISON
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 033.
1. THE SECRETARY,
KERALA KHADI AND VILLAGE INDUSTRIES BOARD,
VANCHIYOOR P.O., THIRUVANANTHAPURAM - 695 035.
GOVERNMENT PLEADER FOR R1
STANDING COUNSEL FOR R2.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondent to pay interest at the rate of 12% for the period
01.03.2013 to 28.01.2019 to the appellant, pending final disposal of the
Writ Appeal, in the interest of justice.
This Writ Appeal coming on for orders on 16.07.2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
P.T.O.
WA No.833/2020 2/5
EXT.P6: A TRUE COPY OF THE LETTER DATED 10-04-2019 ISSUED
BY THE 2ND RESPONDENT.
EXT.R2A:TRUE COPY OF THE CIRCULAR NO.64/2014 DATED 21.06.2014 OF THE
FINANCE PENSION (B) DEPARTMENT.
WA No.833/2020 3/5
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
================================
W.A. No.833 of 2020
[arising out the judgment dated 12.12.2019 in W.P.(C) No.15603/2019 (A)]
================================
Dated this the 16th day of July, 2021
ORDER
From a reading of Ext.P6 letter No.KB 2939/2018/L dated
10.04.2019 issued by the 2nd respondent Secretary of the Khadi Board
it can be seen from para No.2 thereof that the Board had directed the
writ petitioner to furnish Indemnity Bond presumably as envisaged in
Ext.R2A Circular No.64/2014 dated 21.06.2014 and that the petitioner
had declined to furnish the Bond. It is stated in para No.4 of the
counter affidavit dated 29.10.2019 filed by R2 (Khadi Board) in the
W.P.(C) that though the petitioner had retired from service 30.11.2012
he had submitted the application for sanctioning pension only on
11.01.2013 and that later pension was released to the petitioner by the
Board on 20.02.2014 on the basis of his average monthly emoluments
and that for disbursal of retirement benefits, NLC and Indemnity
Bond executed by the pensioner were necessary in view of Ext.R2A
Circular No.64/2014 dated 21.06.2014. Further, it is stated that
accordingly the petitioner was directed by the respondent Board to
furnish Indemnity Bond which the petitioner declined and later he had
WA No.833/2020 4/5
W.A. No.833 of 2020
furnished the Indemnity Bond only on 09.07.2018 as per the interim
order passed by the Lok Ayukta. These aspects are also reiterated by
the 2nd respondent Khadi Board in their Ext.P6 letter No.KB
2939/2018/L dated 10.04.2019 more particularly, in page No.2
thereof.
2. However, it is asserted on behalf of the appellant that at no
point of time the respondent Board has issued any specific letter or
communication directing him to execute the bond etc. Sri.Shaji
Thomas, learned counsel appearing for the writ appellant/writ
petitioner would submit that the appellant/petitioner has put forward
such a specific case in para No.5 of the reply affidavit dated 20.11.2019
filed by him in the W.P.(C) as well as in Ground No.[C] of this Writ
Appeal that the petitioner had not been directed by way of any letter or
communication issued by the respondent Khadi Board to furnish any
such Indemnity Bond, etc.
3. The learned standing counsel for the respondent Khadi
Board will get specific instructions from his party about the factual
aspects stated in para No.4 of the counter affidavit dated 29.10.2019
filed by R2 in the W.P.(C) as well as in Ext.P6 and may ascertain as to
whether any specific letter or communication was sent by the
respondent Khadi Board directing the petitioner to furnish the
Indemnity Bond as indicated above and if so, a copy of the letter of
WA No.833/2020 5/5
W.A. No.833 of 2020
communication shall be produced along with the statement that may
be filed on behalf of R2 in the Writ Appeal.
List the case on 27.08.2021.
H/O.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A. BADHARUDEEN, JUDGE
SCS
16-07-2021 /True Copy/ Assistant Registrar
