Regional Cancer Centre (Rcc) vs Senan S
2024 Latest Caselaw 16226 Ker

Kerala High Court

Regional Cancer Centre (Rcc) vs Senan S on 10 June, 2024

Author: Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                             &
        THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
  MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946

                    WA NO. 774 OF 2024

AGAINST THE JUDGMENT DATED 21.03.2024 IN WP(C) NO.34914 OF
               2023 OF HIGH COURT OF KERALA

APPELLANT/RESPONDENT:

          REGIONAL CANCER CENTRE (RCC)
          1. REGIONAL CANCER CENTRE (RCC) REPRESENTED BY THE
          DIRECTOR RCC P.O. BOX 2417, MEDICAL COLLEGE
          CAMPUS, THIRUVANANTHAPURAM - 695011, PIN - 695011

          BY ADVS.
          ATHUL SHAJI
          ANWIN JOHN ANTONY
          ANJALY T.A
          GEORGIE JOHNY

RESPONDENTS/PETITIONER/2ND RESPONDENT:

    1     SENAN S
          AGED 61 YEARS
          AMMU BHAVAN TC 714(5) SIVASHAKTHI NAGAR
          THURUVAKKAL, PULAYANARKOTTA, MEDICAL COLLEGE P.O.
          TRIVANDRUM 695011, PIN - 695011

    2     STATE OF KERALA
          HEALTH & FAMILY WELFARE (J) DEPARTMENT,
          REPRESENTED BY ITS SECRETARY, GOVERNMENT
          SECRETARIAT THIRUVANANTHAPURAM - 695001, PIN -
          695001

OTHER PRESENT:

          SRI UNNIKRISHNA PILLAI, SR. GP.

THIS WRIT     APPEAL HAVING   COME UP    FOR ADMISSION ON
10.06.2024,   THE COURT ON    THE SAME   DAY DELIVERED THE
FOLLOWING:
                                            2
W.A. No.774 of 2024



                                 JUDGMENT

Raja Vijayaraghavan, J.

This appeal is preferred challenging the judgment rendered by the

learned Single Judge of this Court in W.P.(C) No. 34914 of 2023.

2. We find that as per the judgment under challenge, the

learned Single Judge, relying on the law laid down by the Apex Court in

State of Punjab v. Rafiq Masih1 and this judgment rendered in

identical matters by a Division Bench of this Court in W.A. Nos. 869 of

2021 and connected cases, disposed of the matter by directing the RCC

to refund the amount of Rs.6,50,770/- adjusted from the gratuity

amount, with interest at the rate of 6% per annum from the date of one

month after the date of retirement within 2 months from the date of

receipt of a copy of the judgment.

3. Various contentions are raised by the learned counsel

appearing for the appellant who assailed the judgment.

4. Having considered the facts and circumstances and the

principles of law laid down by the Apex Court in Rafiq Masih (supra)

[(2015) 4 SCC 334]

and also the principles of law reiterated by the Division Bench of this

Court in Ext.P6 judgment, we do not think that any grounds have been

made out for interference.

5. At this stage, the learned counsel appearing for the

appellant submitted that the appellant be granted a further period of two

months to comply with the directions. Taking note of the fact that the

appellant is the Regional Cancer Centre, a Research Institute, surviving

on aid from the State, we are of the view that the time granted by the

learned Single Judge by judgment dated 23.03.2024 can be extended by

a period of two months from today so as to enable the appellant to

comply with the directions.

This appeal is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sd/-

M.A ABDUL HAKHIM JUDGE APM/10/6/24

PETITIONER EXHIBITS

TYPED COPY OF TYPED COPY OF EXHIBIT P2 EXHIBIT P2

TYPED COPY OF TYPED COPY OF EXHIBIT P3 EXHIBIT P3