Subairkunju M vs The Kerala State Financial Enterprises ...
2024 Latest Caselaw 5285 Ker

Kerala High Court

Subairkunju M vs The Kerala State Financial Enterprises ... on 15 February, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                  THE HONOURABLE MR.JUSTICE BASANT BALAJI

     THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945

                           WP(C) NO. 35790 OF 2023

PETITIONER/S:

                SUBAIRKUNJU M
                AGED 58 YEARS
                S/O LATE MUHAMMED KUNJU K 'ASHIK VILLA' ,
                VAKKOMMUKKU, ANCHAL P.O, KOLLAM, PIN - 691 306
                BY ADV S.NIKHIL SANKAR

RESPONDENT/S:

                THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
                HEAD OFFICE, "BHADRATHA",MUSEUM ROAD,
                P.B.NO.510 THRISSUR
                REPRESENTED BY ITS MANAGING DIRECTOR, 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
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 35790/2023
                               -2-



                          JUDGMENT

(Dated this the 15th day of February 2024)

The petitioner was an employee of the respondent. He

superannuated on 30.04.2023. He has approached this Court

for a direction to disburse the entire retirement benefits.

2. The counsel for the respondent seeks time to file

counter-affidavit. The respondent does not have any case

that there is any liability from the petitioner to the

respondent.

3. Exts.P3 to P5 are similar judgments of this Court

in relation to persons who have retired from the same

organisation. This Court, taking note of the fact that the

retirement benefits are not paid, disposed of the Writ

Petitions directing the respondent to pay the entire benefits

to the petitioners within three months from the date of

receipt of a copy of the judgment. The petitioner is also

similarly placed and is entitled to the benefits based on

Exts.P3 to P5 judgments.

Therefore, the Writ Petition is disposed of, directing

the respondent to pay the entire retirement benefits to the

petitioner if there is no liability on the petitioner towards

the respondent within three months from the date of receipt

of a copy of the judgment. If the amounts are not paid

within the time specified above, the petitioner would be

entitled to interest at the rate of 6% from the date the

amount became due till the date of payment.

Sd/-

BASANT BALAJI JUDGE JS

APPENDIX OF WP(C) 35790/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ENGAGEMENT CARD OF THE DAUGHTER OF THE PETITIONER DATED 03/09/2023 Exhibit P2 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT DATED 03/08/2023 Exhibit P3 TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P(C) NO:33750/2017 DATED 09/10/2018 Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P(C ) NO:3754/2020 DATED 24/08/2020 Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P(C) NO:32109/2022 DATED 23/12/2022