K.R. Vinod vs Plantation Corporation Of Kerala ...
2023 Latest Caselaw 8217 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                      WP(C) NO. 19099 OF 2023
PETITIONER:

             K.R. VINOD
             AGED 61 YEARS, S/O K.K RAGHAVAN,
             RESIDING AT KANAPPASSERIL HOUSE,
             KUDAYATHUR P.O, THODUPUZHA - 685590
             BY ADVS.
             P.G.JAYASHANKAR
             P.K.RESHMA (KALARICKAL)
             S.RAJEEV (K/001711/2019)
             SAJANA V.H
             SHAIJU GEORGE
             MAHESHNARAYAN S.

RESPONDENTS:

      1      PLANTATION CORPORATION OF KERALA LTD.
             MUTTAMBALAM P.O., KOTTAYAM,
             KERALA, PIN - 688004
             REPRESENTED BY ITS MANAGING DIRECTOR
      2      MANAGING DIRECTOR
             PLANTATION CORPORATION OF KERALA LTD.,
             MUTTAMBALAM P.O., KOTTAYAM,
             KERALA, PIN - 688004
             BY ADV.
             SRI.RAJESH N - SC



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    01.08.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 19099 of 2023
                                  :2:



                     DEVAN RAMACHANDRAN, J.
                  =========================
                      W.P.(C).No. 19099 of 2023
                 ==========================
                 Dated this the 1st day of August, 2023

                             JUDGMENT

The petitioner alleges that even though he retired from the

services of the 1st respondent - Plantation Corporation of Kerala on

30.04.2020, his eligible retiral benefits have not been disbursed, on

the imputation that an enquiry consequent to Ext.P4 is pending

against him.

2. Sri.P.G.Jayashankar - learned counsel for the petitioner,

vehemently argued that Ext.P4 and the alleged consequent enquiry

are both illegal because it was issued on 05.01.2021, which is

much after he retired on 30.04.2020. He, therefore, reiteratingly

prayed that the reliefs sought for in this writ petition be granted

and the 1st respondent Corporation be directed to pay his client the

eligible retiral benefits, within a time frame to be fixed by this

Court.

3. Sri.Rajesh N - learned Standing Counsel appearing for the

respondents, conceded that an enquiry against the petitioner was

initiated through Ext.P4; but added that there was an earlier

enquiry through Ext.P6. He, however, admitted that both the

enquiries have been completed; with the second one also finding W.P.(C).No. 19099 of 2023

the petitioner to be not guilty. He, therefore, submitted that

necessary action to disburse the petitioner's retiral benefits will be

taken not later than one month from today.

Recording the afore submissions of the learned Standing

Counsel - Sri.Rajesh N., I order this writ petition, directing the

respondents to ensure that all eligible payments to the petitioner,

de hors Ext.P4 and the enquiries thereunder, are disbursed to him

within a period of one month from the date of receipt of a copy of

this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 19099 of 2023

APPENDIX OF WP(C) 19099/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RELIEVING ORDER DATED 28.04.2020 Exhibit P2 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 30.03.2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE REPLY DATED 05.12.2017 FURNISHED BY THE PETITIONER TO EXT. P2 SHOW CAUSE NOTICE Exhibit P4 A TRUE COPY OF THE CHARGE SHEET BEARING NO. P & A/F/3626 DATED 05.01.2021 Exhibit P5 A TRUE COPY OF THE LETTER DATED 16.12.2021 ISSUED BY THE PETITIONER, ADDRESSED TO THE 2ND RESPONDENT ALONG WITH THE POSTAL RECEIPT Exhibit P6 A TRUE COPY OF THE CHARGE MEMO DATED 03.04.2018 ISSUE THE PETITIONER BY THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE MINUTES OF THE COMMITTEE FOR CONDUCTING TENDER CUM AUCTION FOR THE RIGHT FOR COLLECTION AND REMOVAL OF CASHEW NUTS IN KASARAGOD ESTATE DURING 2018 SEASON DATED 28.02.2018 Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 07.06.2018 IN WPC NO. 13027 OF 2018 OF THIS HON'BLE COURT Exhibit P9 A TRUE COPY OF THE ORDER DATED 09.07.2018 ISSUED BY THE 2ND RESPONDENT IN COMPLIANCE WITH EXT. P8 JUDGMENT Exhibit P10 A TRUE COPY OF THE WITNESS SCHEDULE FILED BY THE RESPONDENTS BEFORE THE ENQUIRY OFFICER Exhibit P11 A TRUE COPY OF THE LAWYER NOTICE DATED 23.03.2023 ISSUED ON BEHALF OF THE PETITIONER TO THE RESPONDENTS

RESPONDENTS' EXHIBITS : NIL