O.Govindhan Kutty vs The Kerala State Civil Supplies ...
2021 Latest Caselaw 10122 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                      WP(C).No.16281 OF 2013(I)


PETITIONERS:

      1        O.GOVINDHAN KUTTY, AGED 58, S/O.KUNJU NAIR,
               KOLLERI HOUSE, THALORE P.O., THRISSUR - 680 306
               (EXPIRED)

      2        ADDL.P2. SREELATHA V., AGED 56 YEARS
               W/O.LATE O.GOVINDHANKUTTY, KOLLERI HOUSE,
               THALORE P.O., THRISSUR-680 306.

      3        ADDL.P3.ATHIRA V., AGED 24 YEARS
               D/O.LATE O.GOVINDHANKUTTY, KOLLERI HOUSE,
               THALORE P.O., THRISSUR-680 306.

      4        ADDL.P4.ADHARSH V., AGED 20 YEARS
               S/O.LATE O.GOVINDHANKUTTY, KOLLERI HOUSE,
               THALORE P.O., THRISSUR-680 306.

               (ADDL.P2 TO P4 ARE IMPLEADED AS PER ORDER DATED 09-
               03-2021 IN IA 1/2021)

               BY ADVS.
               SRI.G.SREEKUMAR (CHELUR)


RESPONDENTS:

      1        THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD.
               REPRESENTED BY THE ADDL. GENERAL MANAGER, P B
               NO.2030, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
               KOCHI - 680 020.

      2        THE REGIONAL MANAGER, REGIONAL OFFICE, KERALA STATE
               CIVIL SUPPLIES CORPORATION LTD., MANGALAM TOWER,
               T B ROAD, PALAKKAD - 678 014.

               BY ADVS.
               SMT.MOLLY JACOB,SC,SUPPLYCO


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 16281/13
                                              2



                                        JUDGMENT

This Writ Petition was filed by

Sri.O.Govindan Kutty at a time when he was

facing disciplinary action at the hands of the

1st respondent-Kerala State Civil Supplies

Corporation Ltd ('SUPPLYCO' for short), which

organisation he was serving as a

Helper/Assistant Salesman. He impugns Exts.P2

and P4 orders, through which, an amount of

Rs.33,045.38 has been mulcted as liability

against him and says that these orders could

not have been issued at a time when criminal

action against him based on the same

allegation was still continuing.

2. The petitioner, thereafter, concedes

that he had been found guilty by the Trial

Court, but contended that since the appeal was

pending, the 'SUPPLYCO' could not have imposed

any liability, as has been done through

Exts.P2 and P4.

WPC 16281/13

3. Even though I have recorded the afore

contentions of the original petitioner, it is

to be noted that Govindankutty died pending

this lis and his legal heirs have come on

record as additional petitioners.

4. The learned Standing Counsel for the

respondent-'SUPPLYCO' - Smt.Molly Jacob,

submitted that the appeal filed by

Sri.Govindankutty against his convictions

abated on account of his death, though the co-

accused was found guilty and convicted. She

submitted that, therefore, Govindankutty's

retiral benefits can be given to his legal

heirs, who are the supplementary petitioners

herein, if they agree that the amount of

Rs.33,045.38, along with interest, be adjusted

from it.

5. When I consider the afore submissions

of the learned Standing Counsel, it is evident

that the liability fixed against Govindankutty WPC 16281/13

was Rs.33,045.38, which was directed by the

'SUPPLYCO' to be paid by him along with 16%

interest. However, since now he is no more and

his legal heirs are on record, I am of the

view that mulcting of interest at the rate of

16% per annum is unfair, particularly when

such rate is much more than what is normally

involved even in commercial transactions.

6. That apart, Govindankutty had impugned

Exts.P2 and P4, including the imposition of

interest on the amount of liability; and am

certain that on account of his death, some

latitude should be shown to his legal heirs,

who are stated to be in dire financial

straits; and consequently, the interest on the

liability must be interdicted from being

recovered.

In the afore circumstances and since

Govindankutty is now no more, I order this

Writ Petition and direct the 'SUPPLYCO' to pay WPC 16281/13

petitioners 2 to 4 the entire retirement

benefits due to him, after adjusting the

amount of Rs.33,045.38, being the liability

fixed against him.

The afore exercise shall be completed by

the competent Authority of the 'SUPPLYCO' as

expeditiously as is possible, but not later

than two months from the date of receipt of a

copy of this judgment.

SD/-

                                              DEVAN RAMACHANDRAN
       RR                                              JUDGE
 WPC 16281/13




                            APPENDIX
       PETITIONER'S/S EXHIBITS:

EXHIBIT P1 EXHIBIT P1. A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE SECOND RESPONDENT DATED 26.11.2011.

EXHIBIT P2 EXHIBIT P2. A TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DATED 15.03.2012.

EXHIBIT P3 EXHIBIT P3. A TRUE COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER DATED 12.04.2012 BEFORE THE FIRST RESPONDENT.

EXHIBIT P4 EXHIBIT P4. A TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 13.05.2012.