Rajasekharan Nair A.K vs Kerala Small Industries ...
2023 Latest Caselaw 1131 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                        WP(C) NO. 22412 OF 2022
PETITIONER:

          RAJASEKHARAN NAIR A.K
          AGED 61 YEARS
          S/O LATE V.APPUKUTTAN NAIR, RETIRED SENIOR ACCOUNTANT,
          KERALA SIDCO, RESIDING AT NIRAVADYA ARAB 19(L),
          MANALKUNNU GARDENS, ANANDAVALLEESWARAM ROAD,
          MANNANTHALA, NALANCHIRA P.O., THIRUVANANTHAPURAM-695015
          BY ADVS.
          AYSHA YOUSEFF
          MOLLY JACOB
          RABIA BEEGAM T.K.
          JOBI.A.THAMPI
          M.KABANI DINESH
          ASHIFA YOUSEFF
          FASHIYA YOUSEFF
          C.M.EBRAHIM
          SHOUKATH HUSAIN
RESPONDENTS:

    1     KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION
          REPRESENTED BY ITS MANAGING DIRECTOR, P.B.NO.50,
          HOUSING BOARD BUILDING, SHANTHINAGAR,
          THIRUVANANTHAPURAM-695 001.
    2     THE MANAGING DIRECTOR,
          KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION,
          P.B.NO.50, HOUSING BOARD BUILDING, SHANTHINAGAR,
          THIRUVANANTHAPURAM-695 001.
    3     THE ADMINISTRATIVE OFFICER,
          KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION
          P.B.NO.50, HOUSING BOARD BUILDING, SHANTHINAGAR,
          THIRUVANANTHAPURAM-695 001.
    4     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY,
          INDUSTRIES DEPARTMENT, GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM -695001.
          ADV.BIJU G, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22412 OF 2022

                                        2




                                JUDGMENT

Dated this the 18th day of January, 2023

This writ petition is filed seeking the following prayers:

"(a) To issue a writ of mandamus commanding the respondents 1 to 3 to pay the gratuity amount sanctioned as per Ext.P3 and P6 with statutory interest within a time limit prescribed by this Hon'ble Court.

(b) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 4th respondent to provide funds to the 1st respondent to satisfy the statutory liabilities as per Ext.P3 and P6.

(c) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the arrears on account of the revision of pay based on the 4th Time Bound Higher Grade Promotion eligible to him as per Ext.P2 order with 12% interest from the date it falls due to the date of payment.

(d) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the amount legally due to the petitioner towards Earned Leave Surrender salary sanctioned as per Ext.P7 with interest at the rate of 12% per annum from the date of order till the date of realization of the amount within the time frame fixed by this Hon'ble Court.

(e) To declare that petitioner is eligible to get statutory interest on the gratuity amount due to him as specified in Section 7(3) (A) of Payment of Gratuity Act, 1972."

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the respondents. WP(C) NO. 22412 OF 2022

3. It is submitted that the petitioner retired from service of the 1st

respondent on 30.06.2019. Though gratuity was sanctioned by Ext.P3

dated 26.09.2019, the amounts were not released to the petitioner. It is

submitted that other payments including earned leave surrender and pay

revision arrears were also not paid, which forced the petitioner to

approach this Court filing this writ petition. It is submitted that during

the pendency of this writ petition, certain amounts were released to the

petitioner on the basis of interim orders granted by this Court.

4. The learned standing counsel appearing for the respondents

submits that it is only due to the severe financial constraints faced by

the respondents that the retirement benefits could not be released in

time. It is submitted that the amounts directed by this Court to be paid

as per the interim orders have already been released.

5. I am of the opinion that since the retirement benefits and the pay

revision arrears are admittedly due to be paid to the petitioner, the

respondents have to make earnest steps to make the payments at the

earliest. There will, accordingly, be a direction that the balance amounts

due as gratuity and pay revision arrears shall be calculated and released WP(C) NO. 22412 OF 2022

to the petitioner within a period of five months from the date of receipt

of a copy of this judgment. The respondents shall calculate the balance

amounts due and issue a statement to the petitioner. One half of the

amount found due shall be released within a period of three months

from the date of receipt of a copy of this judgment and the balance

amounts shall be released within a period of two months thereafter. The

gratuity amounts due shall carry statutory interest in accordance with

law.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 22412 OF 2022

APPENDIX OF WP(C) 22412/2022

PETITIONER'S EXHIBITS Exhibit P1 PHOTO COPY OF THE RELIEVING ORDER DATED 20-

06-2019 ISSUED BY THE 3RD RESPONDENT . Exhibit P2 PHOTO COPY OF THE PROCEEDINGS NO.

8239/PER(3)/2018/SIDCO DATED 22-012019 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 PHOTO COPY OF THE PROCEEDINGS NO.2245/PER(3)/2017/SIDCO DATED 26-092019 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 PHOTO COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 24-08- 2020.

Exhibit P5 PHOTO COPY OF THE PAY FIXATION ORDER NO.PER(2)/836/2019 DATED 01-10-2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 PHOTO COPY OF THE PROCEEDINGS NO.2245/PER(3)/2017/SIDCO DATED 23-022022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P7 PHOTO COPY OF THE PROCEEDINGS NO.PER(2)/8647/2019 DATED 23-12-2019 ISSUED BY THE 3D RESPONDENT.

Exhibit P8 PHOTO COPY OF THE APPLICATION DATED 21-7-2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P9 PHOTO COPY OF THE REPRESENTATION DATED 22-12-

2021 SUBMITTED BY THE PETITIONER.

RESPONDENTS' EXHIBITS: NIL