Karthikaya Kuruppe S.R vs Kerala State Industrial ...
2023 Latest Caselaw 1410 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                        WP(C) NO. 20521 OF 2022
PETITIONER:

          KARTHIKAYA KURUPPE S.R
          AGED 59 YEARS
          S/O.LATE SHUNMUGAN NAIR, RADHA NIVAS, PANAVILA,
          KANNANAKOM JN, KOLLEMCODU.P.O KANYAKUMARI DISTRICT,
          TAMIL NADU. PIN-629 160.
          BY ADVS.
          AYSHA YOUSEFF
          MOLLY JACOB
          JOBI.A.THAMPI
          ASHIFA YOUSEFF
          RABIA BEEGAM T.K.
          M.KABANI DINESH
          FASHIYA YOUSEFF
          C.M.EBRAHIM
          SHOUKATH HUSAIN


RESPONDENTS:

    1     KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION
          REPRESENTED BY ITS MANAGING DIRECTOR HOUSING BOARD
          BUILDING SHANTI NAGAR, TRIVANDRUM-695 001.
    2     THE MANAGING DIRECTOR,
          KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION HOUSING
          BOARD BUILDING SHANTI NAGAR, TRIVANDRUM-695 001.
    3     THE ADMINISTRATIVE OFFICER,
          KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION HOUSING
          BOARD BUILDING SHANTI NAGAR, TRIVANDRUM-695 001.



          ADV.BIJU.G-SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.20521 of 2022
                                         2




                                  JUDGMENT

Dated this the 20th day of January, 2023

This writ petition is filed seeking the following

relief:-

"To issue a writ of mandamus commanding the respondents to release the gratuity sanctioned to petitioner as pr Ext.P3 with statutory interest and P4 terminal leave surrender salary with 12% interest

within a time limit prescribed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner

and the learned counsel appearing for the

respondents.

3. It is submitted by the learned counsel for

the petitioner that the petitioner retired from service

on 30.06.2021. When the retirement benefits were

not released to the petitioner, this writ petition was

filed. It is submitted that pursuant to interim orders

granted by this Court, an amount of Rs.5 lakhs has

been released to the petitioner.

4. Learned counsel for the respondents

submits that some time may be granted for release of WPC No.20521 of 2022

the balance amounts to the petitioner.

In the above view of the matter, there will

be a direction that the balance amounts due to the

petitioner shall be released without undue delay, at

any rate within four months from the date of receipt

of a copy of this judgment. The gratuity amounts due

will carry statutory interest. In case the ELS amounts

due are not released within the four months as

directed above, the same will carry interest at the

rate of 6% per annum from the date of filing of this

writ petition to the date of payment.

Sd/-

ANU SIVARAMAN

JUDGE SSK/20/01 WPC No.20521 of 2022

APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CIRCULAR NO.

PER(3)/3026/2019 DATED 26/10/2019 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO.PER(A)/136/07 DATED 21/6/2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO.12656/PER (3)/2021/SIDCO DATED 19/1/2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO.PER (2)/5968/2018 DATED 26/02/2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 28/12/2021 SUBMITTED BY THE PETITIONER. Exhibit P6 TRUE COPY OF THE MEDICAL CERTIFICATE ALONG WITH THE DISCHARGE SUMMARY OF THE PETITIONER'S MOTHER.

TRUE COPY

P.A.TO JUDGE