Kerala High Court
Jacob L vs Kerala State Financial ... on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 28002 OF 2022
PETITIONER:
JACOB L.
AGED 59 YEARS
S/O.M.LUKOSE,KIZHAKKEDATHU PUTHEN VEEDU,
ODANAVATTOM,
MUTTARA.P.O, KOTTARAKKARA,
KOLLAM-691512.
BY ADVS.
R.SANJITH
C.S.SINDHU KRISHNAH
P.S.ANJU
SURAJ KRISHNAN
SHALU JOSE
RAHUL S.NATH
RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE)
'BHADRATHA", THRISSUR-680020.
REPRESENTED BY ITS MANAGING DIRECTOR.
2 MANAGING DIRECTOR,
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
"BHADRATHA", THRISSUR-680020.
3 DEPUTY GENERAL MANAGER(D.G.M(P&HR),
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
"BHADRATHA",
THRISSUR-680020.
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.28002 OF 2022
-: 2 :-
JUDGMENT
Dated this the 23rd day of December, 2022
This writ petition is filed seeking the following
relief :-
"i. To issue a writ of mandamus and direct
the respondents to release the pay revision
arrears, incentive for the year 2020-2021
and earned leave surrender due to the
petitioner along with 9% interest from the
date it has fallen due till actual payment,
as expeditiously as possible, within a time
frame to be fixed by this Hon'ble Court."
2. Heard the learned counsel for the petitioner
and the learned Standing Counsel appearing for the
respondents.
3. It is submitted by the learned counsel for the
petitioner that the petitioner had retired from the
service of the respondent on 30.06.2021. It is
submitted that no amounts had been disbursed to the
petitioner and that there is no liability fastened on the
petitioner by any means known to law. It is submitted
WP(C) NO.28002 OF 2022
that the petitioner is therefore entitled to release of all
the benefits due on account of the long years of the
service rendered by him including pay revision arrears,
incentive for the year 2020-2021 and earned leave
surrender etc. The learned counsel also places reliance
on Ext.P10 judgment of this Court dated 08.04.2022 in
batch of writ petitions where the respondent had been
directed to pay the DCRG and other benefits within
three months and also directed to pay the unpaid
gratuity with interest at the rate of 6%.
4. Having considered the contentions advanced,
I notice that though the petitioner retired on
30.06.2021, it is not the case of the respondents that
the amounts are not due to the petitioner and the
contention is only that there is a liability with regard to
the branches where the petitioner had officiated before
retirement. The 1st respondent, being a public authority,
cannot be heard to contend that a Writ Petition is not
maintainable against it when monetary benefits due are
WP(C) NO.28002 OF 2022
withheld without reason. It is clear that no liability has
been fixed against the petitioner by any means known
to law. No disciplinary proceedings were also initiated
against the petitioner.
5. This Court had considered an identical
situation in Ext.P10 judgment and had held that in the
absence of any proper proceedings for recovery or
withholding of benefits which are due to the petitioner
therein, the non disbursal of the amounts is completely
unacceptable. All the contentions raised by the
respondents have been specifically considered and
found against in Ext.P10 judgment. The contention
raised by the respondents that the writ petition is
belated cannot also be accepted for the simple reason
that the amounts due to the petitioner are result of long
years of service and that there is a recurring cause of
action to the petitioner on every day, that the amounts
remain unpaid. The issue of maintainability also,
according to me, stands covered against the
WP(C) NO.28002 OF 2022
respondents in view of the fact that the respondents
cannot contend that they are not duty bound to release
the amounts in the absence of any proper procedure for
imposing the liability.
In the above view of the matter, this writ
petition is allowed. There will, accordingly, be a
direction to the respondents to release the gratuity due
to the petitioner, if any, within three months from the
date of receipt of a copy of this judgment, with interest
at the rate of 6% p.a. from the date on which the
payment falls due. All other amounts due will also be
released within the three months as stipulated above.
In case the amounts due are not released within the
three months as directed above, they shall carry
interest at the rate of 9% till the date of payment.
Sd/-
ANU SIVARAMAN
JUDGE
SSK/23/12
WP(C) NO.28002 OF 2022
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OFFICIAL LETTER DATED
10/06/2021 ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER.
Exhibit P2 TRUE COPY OF THE LETTER DATED 28/06/2021
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
11/05/2022 PREFERRED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE OFFICIAL LETTER DATED
22/06/2022 ADDRESSED TO THE PETITIONER BY
THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE RTI APPLICATION DATED
27/06/2022 PREFERRED BY THE PETITIONER
UNDER THE RTI ACT, 2005.
Exhibit P6 TRUE COPY OF THE REPLY DATED 25/07/2022 TO
THE APPLICATION PREFERRED BY THE
PETITIONER UNDER THE RTI ACT, 2005.
Exhibit P7 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 03/03/2020 IN
WP(C)NO.18942/2019.
Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 26/09/2019 IN WP(C)
NO.32811/2018.
Exhibit P9 TRUE COPY OF THE JUDGMENT OF THE DIVISION
BENCH OF THIS HONOURABLE COURT DATED
22/02/2019 IN WP(C)NO.30292/2018.
Exhibit P10 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 08/04/2022 IN
WP(C)NO.21493/2021.
