Kerala High Court
B K Rajendran vs The State Of Kerala on 12 April, 2024
WPC 8306/24
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 8306 OF 2024
PETITIONER/S:
B K RAJENDRAN, AGED 58 YEARS, ROHINI HOUSE,
KATTACHALKUZHI P O, THIRUVANANTHAPURAM, PIN - 695501
BY ADVS. R.NANDAGOPAL ASWIN KUMAR M J
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO
GOVERNMENT, INDUSTRIES AND COMMERCE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD.
(HANTEX) OOTTUKUZHY, THIRUVANATHAPURAM REPRESENTED BY
ITS MANAGING DIRECTOR., PIN - 695001
3 MANAGING DIRECTOR KERALA STATE HANDLOOM WEAVERS CO-
OPERATIVE SOCIETY LTD. (HANTEX) OOTTUKUZHY,
THIRUVANATHAPURAM, PIN - 695001
BY ADV N. RAGHURAJ
OTHER PRESENT:
GP SRI. TONY AUGUSTINE, SC SRI. N. RAGHURAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 8306/24
2
JUDGMENT
(Dated this the 12th day of April 2024)
The petitioner retired from the 2nd respondent society
on 29.4.2023. Even after 11 months from the date of
retirement and repeated requests, the petitioner has not
received his terminal leave surrender benefit and gratuity till
date. He was not paid the wage arrears for the period from
1.2.2011 till 30.4.2016, DA arrears and the 30 days leave
surrender benefit by the Society also.
2. The petitioner, along with other persons, earlier
approached this court with W.P.(C) No.40099 of 2022 and by
judgment dated 20.12.2022, it was directed that the wage arrears,
leave surrender benefits and D.A. arrears to be paid within 12
months from the date of receipt of a copy of the judgment. The
said period is over, but not even a single payment is made to the
petitioner. Ext.Nos.P4 and P5 representations were submitted
before the authority, but no action is taken. Therefore, the
petitioner has approached this court for issuance of a writ of
mandamus or order or direction to respondent Nos.2 and 3 to
disburse the terminal leave surrender benefits and gratuity due to
the petitioner immediately.
3. In the facts and circumstances of the case, this Writ
Petition is disposed of, directing respondent Nos.2 and 3 to
disburse the Terminal leave surrender benefits and gratuity due to
the petitioner within a period of 3 months from the date of receipt
of a copy of this judgment. If the amount is not paid as ordered
above, the same shall carry interest @ 6% per annum from the
date on which it became due. The unpaid gratuity will carry
interest at the rate of 6%, computed from the first day of the next
month of retirement of the petitioner.
Sd/-
BASANT BALAJI, JUDGE
dl/
APPENDIX OF WP(C) 8306/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELIEVING ORDER DATED29/04/2023 OF
THE PETITIONER
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 20/12/2022 IN WRIT
PETITION NO.40099 OF 2022 OF THIS HON'BLE COURT
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 17/11/2022 INWRIT
PETITION NO. 36247 OF 2022 OF THIS HON'BLE COURT
Exhibit P4 TRUE COPY OF THE REPRESENTATION MADE BY THE
PETITIONER DATED 28/11/2023 FOR DISBURSAL OF HIS
RETIREMENT BENEFITS LIKE TERMINAL LEAVE SURRENDER
BENEFIT AND GRATUITY AND ALSO STATING HIS FINANCIAL
CONSTRAINTS LIKE HOUSING LOAN AND EDUCATIONAL LOANS
FOR HIS CHILDREN
Exhibit P5 TURE COPY OF THE REPRESENTATION MADE BY PETITIONER
AND SIMILARLY PLACED EMPLOYEES FOR COMPLYING WITH THE
EXHIBIT P2 ORDER
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 08/02/2024 IN WP(C)
NO. 4496 OF 2024 OF THIS HON'BLE COURT
