Kerala High Court
Suresh N vs Kerala State Financial Enterprises ... on 11 April, 2024
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WPC 10093/24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 10093 OF 2024
PETITIONER/S:
SURESH N, AGED 58 YEARS, S/O NANUMADHAVAN, RESIDING AT
"SIVA KRIPA", IVERKALA WEST NORTH, PUTHENAMBALAM PO,
KOLLAM, KERALA, PIN - 691553
BY ADVS. R.SANJITH, C.S.SINDHU KRISHNAH, PRIYA RANI
SREEKUMAR
RESPONDENT/S:
1 KERALA STATE FINANCIAL ENTERPRISES LIMITED
"BHADRATHA",THRISSUR,REPRESENTED BY ITS MANAGING
DIRECTOR, PIN - 680020
2 MANAGING DIRECTOR KERALA STATE FINANCIAL ENTERPRISES
LIMITED, "BHADRATHA", THRISSUR, PIN - 680020
3 DEPUTY GENERAL MANAGER [D.G.M(P&HR)] KERALA STATE
FINANCIAL ENTERPRISES LIMITED, "BHADRATHA", THRISSUR,
PIN - 680020
BY ADVS. Gopikrishnan Nambiar M K.JOHN
MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN
THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA
KANNAN(K/356/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WPC 10093/24
JUDGMENT
(Dated this the 11th day of April 2024)
The petitioner has retired from the service of Kerala State
Financial Enterprises Limited (KSFE) as Senior Manager. He
seeks for a direction to release the withheld terminal earned
leave surrender and incentive for the year 2022-2023 along
with interest from the due date till actual payment of the same.
2. The counsel for the petitioner submits that the
terminal earned Leave Surrender and incentive are lawfully due
to the petitioner and ought to have been settled at the time of
retirement.
3. This issue is already covered by the judgment of a
Division Bench of this Court in W.A No.1151 of 2022 and
connected cases, whereby the employer challenged the
judgment of a learned Single Judge of this Court directing
disbursement of terminal benefits and the Division Bench
dismissed the appeals, holding that there are no grounds to
interfere with the judgment of the learned Single Judge. The
petitioner herein are also entitled for the same order in view of
the judgment in WA.1151 of 2022 and connected cases.
4. Heard the counsel on both sides.
5. W.A No.1151 of 2022 was filed against the judgment
in W.P.(C) No.7203 of 2021 and connected cases. The learned
Single Judge had directed payment of terminal benefits. The
operative portion of the judgment in W.P.(C) No.7203 of 2021
reads as follows:
"6. As observed in D.S.Nakara v.Union of India [(1983)
1 SCC 305), the antiquated notion of pensionary or
retiral benefits being a bounty or a gratuitous payment,
depending upon the sweet will or grace of the employer,
and not a right enforceable through court, has to be
under the carpet. It may also be apposite to note that as
per the judgment in W.P(C). No. 33750 of 2017, filed
by another set of disgruntled pensioners, this court had
directed the respondents to pay the entire benefits
within three months. A conspectus of the above
precedents leads to the indubitable conclusion that the
Company is bound to disburse the terminal and other
benefits due to the petitioners forthwith.
In the result, the writ petitions are allowed and the
following directions are issued;
i. The Company shall disburse the DCRG and other
benefits due to the petitioners within three months of
receiving a copy of this judgment.
ii. The unpaid gratuity will carry interest at the rate of
6%, computed from the first day of the next month of
retirement of the petitioners.
iii. In case of failure to pay the amounts within the three
month period, the Company will be liable to pay 9%
interest on the entire balance amount, reckoned from the
respective dates of retirement of the petitioners."
Taking into account the facts and circumstances of the
case and the above judgments of this Court, there will be a
direction to the respondent to disburse the withheld Terminal
Earned Leave Surrender and incentives for the year 2022-2023
due to the petitioner within three months from the date of
receipt of a copy of the judgment. In case of failure to pay the
amounts within the stipulated time, the amounts will carry
interest at the rate of 6% per annum from the actual due date
till payment.
The Writ Petition is disposed of.
Sd/-BASANT BALAJI,
JUDGE
dl/documents
APPENDIX IN WP(C) 10093/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER DATED 29/04/2023 ADDRESSED TO
THE PETITIONER BY THE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF LETTER ISSUED BY THE 3RD RESPONDENT
DIRECTING DISBURSAL OF GRATUITY/DCRG
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 28/02/2024
PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE POSTAL RECEIPT DATED 29/02/24
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT
DATED 23/12/2022 IN WP(C) NO. 28002/2022
Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT
