Kerala High Court
T.R. Hariprasad vs Thiruvananthapuram Development ... on 7 June, 2024
WPC 7891, 5502 & 9922/24
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
WP(C) NO. 7891 OF 2024
PETITIONER/S:
T.R. HARIPRASAD, AGED 56 YEARS S/O RAGHAVAN N. THAYYIL
SREEVILAS NANGIARKULANGARA P.O., ALAPPUZHA, PIN - 690513
BY ADV JELSON J.EDAMPADAM
RESPONDENT/S:
1 THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY (TRIDA)
JAYAMANSION, VAZHUTHACAUD, SASTHAMANGALAM, TRIVANDRUM
REPRESENTED BY ITS SECRETARY., PIN - 695010
2 THE SECRETARY THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY,
JAYAMANSION, VAZHUTHACAUD, SASTHAMANGALAM, TRIVANDRUM,
PIN - 695010
BY ADVS. Smitha.s.Pillai,
N.NANDAKUMARA MENON (SR.)(N-24)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.06.2024, ALONG WITH WP(C).5502/2024 and 9922/2024,
THE COURT ON 7.6.2024 DELIVERED THE FOLLOWING:
WPC 7891, 5502 & 9922/24
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
WP(C) NO. 5502 OF 2024
PETITIONER/S:
KRISHNA KUMARI L, AGED 56 YEARS, CSM 178(1), CSM NAGAR,
EDAPPAZHANJI, SASTHAMANGALAM P O, THIRUVANANTHAPURAM,
PIN - 695010
BY ADV ADARSH S.
RESPONDENT/S:
THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY TRIDA
REPRESENTED BY ITS SECRETARY, JAYAMANSION, VAZHUTHACAUD,
SASTHAMANGALAM P O, THIRUVANANTHAPURAM, PIN - 695010
BY ADVS. Smitha.s.Pillai N.NANDAKUMARA MENON (SR.)(N-24)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.06.2024, ALONG WITH WP(C).7891/2024 AND 9922/24, THE
COURT ON 7.6.2024 DELIVERED THE FOLLOWING:
WPC 7891, 5502 & 9922/24
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
WP(C) NO. 9922 OF 2024
PETITIONER/S:
1 P.B. PRAMOD, AGED 56 YEARS S/O N. BALAKRISHNAN,
T.C.9/2277(1) SANATANA, KURUPS LANE SASTHAMANGALAM P.O.,
THIRUVANANTHAPURAM, PIN - 695010
2 BINEESH T.K., AGED 56 YEARS, S/O T.R. KUTTIKRISHNAN,
VISHAKHAM (H), MANASSERRY P.O., MUKKAM, KOZHIKKODE, PIN
- 673602
3 MINI I, AGED 56 YEARS, D/O V. ISMAIL PILLAI B9-
KANNANALLOOR HOUSE, KARALI GARDENS, PANGAPPARA P.O.,
THIRUVANANTHAPURAM, PIN - 695581
BY ADV JELSON J.EDAMPADAM
RESPONDENT/S:
1 THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY JAYAMANSION,
VAZHUTHACAUD, SASTHAMANGALAM, TRIVANDRUM, REPRESENTED BY
ITS SECRETARY, PIN - 695010
2 THE SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY,
JAYAMANSION, VAZHUTHACAUD, SASTHAMANGALAM, TRIVANDRUM,
PIN - 695010
BY ADVS. Smitha.s.Pillai, N.NANDAKUMARA MENON (SR.)(N-
24)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.06.2024, ALONG WITH WP(C).7891/2024 AND 5502/24, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 7891, 5502 & 9922/24
4
JUDGMENT
(Dated this the 7th day of June 2024)
All these Writ Petitions are filed by the respective
petitioners for disbursement of the retirement benefits due to
them. The petitioners retired from the service of the 1st
respondent in the year 2023. The grievance is that even after
a lapse of around one year after retirement, the retirement
benefits are not disbursed to them.
2. The learned senior standing counsel
Shri.N.Nandakumara Menon, representing the counsel
appearing for the respondent Company, submits that it is due
to extreme financial crisis the 1st respondent is facing, the
that amounts are not disbursed. The senior counsel, on
instructions, submits that as an interim measure, one-fourth
of the total amounts due to each of the petitioners can be
disbursed within 3 months from today and the balance within
WPC 7891, 5502 & 9922/24
6 months thereafter.
3. The counsel appearing for the petitioners submits
that though the petitioners retired from service one year
back, they are facing acute financial conditions and need
money at the earliest.
Therefore, taking into consideration the plight of the
petitioners as well as the financial crisis of the 1st respondent,
I deem it appropriate to pass the following orders:
(i) The 1st respondent shall disburse one-fourth of the
total amount due to the petitioners within a period of
3 months from today.
(ii) The balance amount shall be paid within a period of
4 months thereafter. If the amounts are not disbursed
within the time stipulated above, the same will carry
interest at the rate of 6% per annum from the due date
till the date of payment.
(iii) The unpaid gratuity will carry interest at the rate of
6% per annum, computed from the first day of the
next month of retirement of the petitioners.
Sd/- BASANT BALAJI,
JUDGE
dl/
WPC 7891, 5502 & 9922/24
APPENDIX OF WP(C) 5502/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE THE ORDER OF THE PROCEEDINGS OF THE
1ST RESPONDENT DATED 31.05.2023
Exhibit P2 TRUE COPY OF THE ORDER DATED 30.11.2023 BY THE 1ST
RESPONDENT
Exhibit P3 TRUE COPY OF THE REQUEST LETTER DATED 05.01.2024
Exhibit P4 TRUE COPY OF THE REQUEST LETTER DATED 27.01.2024
WPC 7891, 5502 & 9922/24
APPENDIX OF WP(C) 9922/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO. A1/1112/2000/TRIDA DATED
30.11.2023, OF THE 2ND RESPONDENT, SANCTIONING
PENSIONARY BENEFITS TO THE 1ST PETITIONER
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 23.02.2024
SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER NO. A1/220/1996/TRIDA DATED
29.01.2024, OF THE 2ND RESPONDENT, SANCTIONING
PENSIONARY BENEFITS TO THE 2ND PETITIONER
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 05.02.2024
SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P5 TRUE COPY OF THE ORDER NO. A1/2635/2000/TRIDA DATED
30.11.2023, OF THE 2ND RESPONDENT, SANCTIONING
PENSIONARY BENEFITS TO THE 3RD PETITIONER
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 18.01.2024
SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 26.07.2023 IN W.P.(C)
10610 OF 2023 OF THIS HON'BLE COURT
WPC 7891, 5502 & 9922/24
APPENDIX OF WP(C) 7891/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO. A1/817/2008/TRIDA DATED
30.11.2023, OF THE 2ND RESPONDENT, SANCTIONING
PENSIONARY BENEFITS TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE E-MAIL DATED 07.10.2023 SENT BY THE
PETITIONER TO THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 26.07.2023 IN W.P.(C)
10610 OF 2023 OF THIS HON'BLE COURT
