Kerala High Court
Sandeep G. Nath vs The Managing Director on 22 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
WP(C).No.13881 OF 2012(I)
PETITIONER:
SANDEEP G. NATH, "SARAS", MAMATHA NAGAR-53,
KAZHAKKUTTOM P.O., THIRUVANANTHAPURAM-695 582.
SRI.POOVAPPALLY M.RAMACHANDRAN NAIR
SRI.R.V.ABHISHEK
SRI.JIBU P THOMAS
SRI.P.S.SURESH KUMAR
RESPONDENTS:
1 THE MANAGING DIRECTOR
KERALA STATE AUDIO-VISUAL AND REPROGRAPHICAL CENTRE,
(C-APT-CENTRE FOR ADVANCE PRINTING TECHNOLOGY),
VATTIYOORKKAVU, THIRUVANANTHAPURAM-695 013, RETITLED
AS KERALA STATE CENTRE FOR ADVANCE PRINTING AND
TRAINING-C-APT.
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM-695 001.
SMT.K.K.RAZIYA , SC.
SRI.K.ANAND
SRI.B.S.KRISHNAN SR.
SMT.LATHA KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.03.2021, ALONG WITH WP(C).15224/2012(C), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.13881 OF 2012(I) & CON.CASE
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
WP(C).No.15224 OF 2012
PETITIONER:
VINOD V.J., "PRANAVAM", ARIMANOOR, NEAR M.V.H.S.S.,
POOVAR P.O., THIRUPURAM VILLAGE, NEYYATTINKARA
TALUK, THIRUVANANTHAPURAM.
SRI.POOVAPPALLY M.RAMACHANDRAN NAIR
SRI.R.V.ABHISHEK
SRI.JIBU P THOMAS
SRI.P.S.SURESH KUMAR
RESPONDENTS:
1 THE MANAGING DIRECTOR ,KERALA STATE AUDIO-VISUAL
AND REPROGRAPHICAL CENTRE, (C-APT- CENTRE FOR
ADVANCE PRINTING TECHNOLOGY), VATTIYOORKKAVU,
THIRUVANANTHAPURAM-695013, RETITLED AS KERALA STATE
CENTRE FOR ADVANCE PRINTING AND TRAINING-C-APT.
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM-695001.
SMT.LATHA ANAND, SC
SRI.K.ANAND
SMT.LATHA KRISHNAN
SMT.K.K.RAZIYA , SC
SRI. SUNIL KUMAR KURIAKOSE - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.03.2021, ALONG WITH WP(C).13881/2012(I), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.13881 OF 2012(I) & CON.CASE
3
JUDGMENT
Dated this the 22nd day of March 2021
The petitioners in these two cases - which are being
disposed of together on account of the analogous nature of the
factual circumstances pleaded and the reliefs sought for - are
stated to have retired from the services of the Kerala State
Audio - Visual and Reprographical Centre (C-Apt). According
to the petitioners, even though large amounts are due to them
as Terminal Benefits, Leave Surrender, Pay Revision arrears,
Bonus and Gratuity, no amounts have been yet paid to them;
and they, therefore, pray that an amount of Rs.2,99,213/-, as
far as the petitioner in W.P.(C) No.13881/2012 and an amount
of Rs.5,43,773/-, as regards the petitioner in W.P.(C)
No.15224/2012, be directed to be paid by the C-Apt at the
earliest.
2. Sri.Poovappally M.Ramachandran Nair, the learned
counsel for the petitioners in these cases, submitted that the
break up of the claims of the petitioners have been clearly
averred in paragraphs 12 (a), (b) and (c) in W.P.(C)
No.13881/2012 and in paragraphs 11 (a), (b) and (c) in W.P.(C)
No.15224/2012. He submitted that the C-Apt, in their counter
WP(C).No.13881 OF 2012(I) & CON.CASE
pleadings, admits certain portions of these claims and
therefore, prayed that the said amounts be ordered to be paid
immediately; while the balance be directed to be considered
by them in terms of law, after affording necessary opportunity
of being heard to his clients also.
3. The learned standing counsel for the C-Apt - Smt.Latha
Anand, submitted that the petitioner in W.P.(C) No.15224/2012
has already been paid an amount of Rs.2,14,177/-; while an
amount of Rs.1,70,074/- is admitted as far as the petitioner in
W.P.(C) No.13881/2012 is concerned. She submitted that the
C-Apt is presently going through financial crisis and therefore,
prayed that they be granted three months time to pay off the
aforesaid amount. She, therefore, prayed that W.P.(C)
No.15224/2012 be dismissed and W.P.(C) No.13881/2012 be
disposed of acceding to her afore request.
4. Sri.Poovappally M.Ramachandran Nair, at this time,
submitted that even though his clients do not stand in the way
of the C-Apt paying the admitted amounts in W.P.(C)
No.13881/2012 in three months, its competent Authority be
directed to hear both the petitioners with respect to the
difference in the claims, which certainly represents a dispute.
He, therefore, prayed that these writ petitions be disposed of
WP(C).No.13881 OF 2012(I) & CON.CASE
directing the C-Apt to do so.
5. When I consider the afore submissions, it is clear that
in both these cases, the C-Apt admits to certain amounts, but
do not agree to the balance. Obviously, therefore, there is a
dispute which will have to be resolved in terms of law.
6. In the afore circumstances, I dispose of both these writ
petitions directing the C-Apt to hear the petitioners and to
consider their claims, as have been averred in these writ
petitions, thus leading to an appropriate order thereon, as
expeditiously as is possible, but not later than four months
from the date of receipt of a copy of this judgment.
As far as W.P.(C) No.13881/2012 is concerned, the C-Apt
is directed to pay the admitted amount of Rs.1,70,074/- to the
petitioner therein within a period of four months from the date
of receipt of a copy of this judgment
Sd/- DEVAN RAMACHANDRAN
Stu JUDGE
WP(C).No.13881 OF 2012(I) & CON.CASE
APPENDIX OF WP(C) 15224/2012
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE EXPERIENCE CERTIFICATE NO.
KSAVRC/7398/99 DATED 22/04/2000.
EXHIBIT P2 TRUE PHOTOCOPY OF THE ORDER NO.
KSAVRC/2247/2000/3/8 DATED 06/01/2001.
EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER NO.
KSAVRC/2247/2000/3/8 DATED 17/01/2001.
EXHIBIT P4 TRUE PHOTOCOPY OF THE LETTER NO. KSAVRC/13418/06
DATED 02/02/2010.
EXHIBIT P5 TRUE PHOTOCOPY OF THE PETITION DATED 19/01/2012
FOR SERVICE BENEFITS ETC.
EXHIBIT P6 TRUE PHOTOCOPY OF THE ADVICE MEMO DATED
26/12/2011.
EXHIBIT P7 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER
NO.30409/2009/E9 DATED 16/01/2012.
EXHIBIT P8 TRUE PHOTOCOPY OF THE EXPERIENCE CERTIFICATE NO.
C-APT/357/12/11/EST DATED 19/01/2012.
EXHIBIT P9 TRUE PHOTOCOPY OF THE ORDER NO.C-APT/357/12/EST.
DATED 19/01/2012.
EXHIBIT P10 TRUE PHOTOCOPY OF THE MEMO NO.1978/12/GCP/E7 DATED
20/01/2012.
EXHIBIT P11 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.
37054/2009(B) DATED 22/12/2009.
EXHIBIT P12 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC
NO.33903/2008(J) DATED 06/04/2011.
EXHIBIT P13 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.2031/2012
DATED 13/02/2012.
WP(C).No.13881 OF 2012(I) & CON.CASE
APPENDIX OF WP(C) 13881/2012
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE PROCEEDINGS NO. KS
AVRC/4747/95 DATED 13/03/1996.
EXHIBIT P2 TRUE PHOTOCOPY OF THE LETTER NO. KSAVRC/6372/2008
DATED 01/07/2008.
EXHIBIT P3 TRUE PHOTOCOPY OF THE LETTER NO.
KSAVRC/2276/2009/RTI DATED 23/04/2009.
EXHIBIT P4 TRUE PHOTOCOPY OF THE EXPERIENCE CERTIFICATE NO.
KSAVRC/2350/09 DATED 23/04/2009.
EXHIBIT P5 TRUE PHOTOCOPY OF THE ORDER NO. KSAVRC/2350/09
DATED 23/04/2004 OF THE 1ST RESPONDENT.
EXHIBIT P6 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC
NO.37054/2009(B) DATED 22/12/2009.
EXHIBIT P7 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC
NO.33903/2008(J) DATED 06/04/2011.
EXHIBIT P8 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC NO.2031/2012
DATED 13/02/2012.
EXHIBIT P9 TRUE PHOTOCOPY OF THE LAST REQUEST FOR THE ENTIRE
DUES DATED 31/05/2012.
