Kerala High Court
K.Chandrasekharan Nair vs Autokast Limited on 15 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 32840 OF 2015
PETITIONER:
K.CHANDRASEKHARAN NAIR
AGED 62 YEARS
(RETIRED MANAGER, AUTOKAST LTD.), NALAMKUZHIYIL
HOUSE (CHANDRA PRABHA), KUDAVECHOOR P.O.,
VAIKOM, KOTTAYAM-686 144.
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.S.A.ANAND
SMT.L.ANNAPOORNA
SRI.K.A.BALAN
SRI.PETER JOSE CHRISTO
SMT.N.SANTHA
SRI.V.VARGHESE
RESPONDENTS:
1 AUTOKAST LIMITED
S.N.PURAM P.O., CHERTHALA, ALAPPUZHA-688 582,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
INDUSTRIES DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY ADVS.
SRI.K.ANAND (SR.)
SMT.LATHA ANAND
OTHER PRESENT:
SRI BS SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.32840/2015
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.32840 of 2015
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Dated this the 15th day of February, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. declare that the petitioner is entitled to
immediate payment of all his retirement benefits
including D.A. arrears, leave encashment, medical
reimbursement, conveyance allowance and pay
revision arrears due to him from the respondents
with interest at the rate of 12% per annum
thereon.
ii. issue a writ of mandamus or any other
appropriate writ, order оr direction commanding
the respondents to disburse forthwith to the
petitioner all his retirement benefits, D.A. arrears,
leave encashment, medical reimbursement,
conveyance allowance and pay revision arrears
and any other amount found due, with interest at
the rate of 12% per annum thereon from the dates
on which they fell due till the date of payment.
iii. grant such other reliefs as this Hon'ble Court
deems fit and proper in the circumstances of the
case including the costs of this Writ Petition
(Civil). (SIC)
2. Petitioner retired from service on 31.05.2011 on
superannuation, while working as Manager (Marketing) in the
service of the 1st respondent, a Government of Kerala
undertaking. According to the petitioner, he is entitled an
amount of Rs.8,00,043/- towards pensionary benefits. It is
submitted that he was given only an amount of Rs.5,73,429/-
and the balance amount of Rs.2,26,614/- is due to the
petitioner. Hence this writ petition.
3. In this writ petition, a counter affidavit is filed by
the 1st respondent, in which it is stated that, as per their books
of account, the petitioner is entitled an amount of
Rs.1,11,765/- towards DA arrears and all other amounts under
difference heads claimed by the petitioner has already been
settled. Hence this Court passed an order on 17.05.2016,
which is extracted hereunder:
"There will be an interim direction to the first
respondent to disburse the admitted amounts due
to the petitioner towards retiral benefits within two
months. It is seen that the liability to the extend of
Rs.1,11,765/-(Rupees One lakh eleven thousand
seven hundred and sixty five only) towards the DA
arrears is conceded in the counter affidavit."
4. Based on the above order, it is submitted by the
counsel for the 1st respondent that the amount is disbursed.
Now a reply affidavit is filed by the petitioner. It will be better
to extract paragraph 5 of the above reply affidavit:
5. It is submitted that I am entitled to a sum of
Rs.1,17,955/- towards DA arrears, a sum of
Rs.5,503/- by way of salary revision arrears(1996),
a sum of Rs.6350/- by way of conveyance allowance
for the period upto June 2003 and a sum of
Rs.41,200/- by way of conveyance allowance for
103 months at the rate of Rs.400/- per month. The
total amount thus due will come to Rs.1,71,008/-. I
am also entitled to interest for the said amount for
the period from 01.06.2011 till the date of
payment."
5. According to the petitioner, the amount mentioned
in the reply affidavit is not disbursed. If that be the case, the
petitioner can file a fresh representation narrating the balance
amount due to the petitioner and if such a representation is
received, the 1st respondent will consider the same and
disburse the eligible amount to the petitioner.
Therefore, this writ petition is disposed of with following
directions:
1. The petitioner is free to file a fresh
representation before the 1st respondent
regarding the balance amount due,
within one month from the date of
receipt of a certified copy of this
judgment.
2. Once such a representation is received,
the 1st respondent will consider the
same and pass appropriate orders in it,
after affording an opportunity of
hearing to the petitioner, and disburse
the eligible amount, as expeditiously as
possible, at any rate, within three
months from the date of receipt of the
representation.
3. The 1st respondent will also issue a
statement showing the details of the
payment already effected regarding the
retirement benefits disbursed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 32840/2015
PETITIONER EXHIBITS
P1 : COPY OF THE APPOINTMENT ORDER
NO.LP&A: CO: III/8000 DTD.30.6.1986 OF
THE GENERAL MANAGER OF SILKL.
P2 : COPY OF THE ORDER NO.AKL/PER/161
DTD.31.5.2011 OF THE ASSISTANT MANAGER
(HRD & A) OF AUTOKAST LTD.
P3 : COPY OF THE ORDER SANCTIONING THE
PENSION TO THE PETITIONER.
P4 : COPY OF THE REPRESENTATION
DTD.7.9.2015 SUBMITTED BY THE
PETITIONER BEFORE THE MANAGING
DIRECTOR.
