Kerala High Court
K.Sreeharshan vs The Kerala Financial Corporation on 3 September, 2021
WP(C) No.13759/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
Friday, the 3rd day of September 2021 / 12th Bhadra, 1943
W.P.(C) NO. 13759 OF 2021 (T)
PETITIONER:
K.SREEHARSHAN, AGED 74 YEARS, S/O.LATE M.KUNJU
PILLAI,'SREYAM',SANTHI NAGAR, KAZHAKOOTTAM.P.O,
THIRUVANANTHAPURAM-695582.
RESPONDENTS:
1. THE KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGING
DIRECTOR,HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695010.
2. THE MANAGER (PERSONNEL AND ADMINISTRATION), KERALA FINANCIAL
CORPORATION,HEAD OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695010.
3. THE GENERAL MANAGER (FINANCE), KERALA FINANCIAL CORPORATION, HEAD
OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM-695010.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents to disburse the retirment benefits due
to the petitioner with 12% interest on accepting an Indemnity Bond from
the petitioner, provisionally, pending disposal of the Writ Petition
(Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.D.KISHORE, MEERA GOPINATH, R.MURALEEKRISHNAN (MALAKKARA) & ARYA
JOSEPH, Advocates for the petitioners, and of SRI.M.R.VENUGOPAL, Advocate
for R1, the court passed the following:
WP(C) No.13759/2021 2/4
SUNIL THOMAS, J.
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W.P.(C) No. 13759 of 2021
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Dated this the 03rd day of September, 2021
ORDER
The learned Counsel for the petitioner invited my
attention to Ext.P2, by which, after referring to the
various contentions set up by the KFC, the Lok Ayukta
directed the KFC to disburse all retirement benefits to the
complainant after obtaining an indemnity bond from him
within one month from the date of receipt of a copy of
that order. Subsequent to the above order, penalty was
imposed on him, which was challenged by him in a Writ
Petition No.34262/2006. KFC challenged Ext.P2 in
W.P.(C.) No.7386/2007. Both came up for hearing finally
and by Ext.P3 common judgment, Writ Petition of KFC
was dismissed, where as W.P.(C.) No.34262/2006 of the
petitioner was allowed, and penalty was set aside. The
direction contained in Ext.P2 to release the amount on
execution of indemnity bond was kept deferred by two
WP(C) No.13759/2021 3/4
WPC No.13759 of 2021
months.
The prayer sought by the petitioner is to release
the amount due to him on execution of indemnity
bond, authorising the respondent to recover the money
if any due from the assets of the petitioner or
personally and as found by judgment in RFA
No.390/2017 pending before this Court. The petitioner
shall execute the bond within a period of fifteen days
from today and thereupon the amount due shall be
released to the petitioner, within fifteen days
thereafter.
For reporting compliance, post on 04.10.2021.
Sd/-
SUNIL THOMAS
JUDGE
SKP/3-9
03-09-2021 /True Copy/ Assistant Registrar
WP(C) No.13759/2021 4/4
APPENDIX OF WP(C) 13759/2021
Exhibit P2 TRUE COPY OF THE ORDER DATED 5.2.2007 IN COMPLAINT
NO.281/06 OF THE KERALA LOK AYUKTA
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 10.3.2011 IN
W.P(C)NO.7386/2007 OF THIS HONOURABLE COURT
