Kerala High Court
Sreekumar E P vs State Of Kerala on 6 March, 2024
1
WPC 4892 and 4874/24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 4892 OF 2024
PETITIONER/S:
KUNHIKRISHNAN T P
AGED 60 YEARS
S/O VASUDEVAN K P, KAUSTHUBHAM HOUSE, CHUDUVALATHOOR,
SHORANUR, PALAKKAD, PIN - 679121
BY ADVS.
R.NANDAGOPAL
ASWIN KUMAR M J
RESPONDENT/S:
1 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- 695001, 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.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH WP(C).4874/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
WPC 4892 and 4874/24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 4874 OF 2024
PETITIONER/S:
SREEKUMAR E P
AGED 58 YEARS
S/O NARAYANAN, PUTHALATH HOUSE, MORAZHA P O,
MOTTAMMAL VIA, KANNUR, PIN - 670331
BY ADVS.
R.NANDAGOPAL
ASWIN KUMAR M J
RESPONDENT/S:
1 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, THIRUVANANTHAPURAM, PIN -
695001
BY ADV N. RAGHURAJ
GP SRI. TONY AUGUSTINE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH WP(C).4892/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WPC 4892 and 4874/24
JUDGMENT
[WP(C) Nos.4892/2024 and 4874/2024]
(Dated this the 6th day of March 2024)
The petitioners are retired employees from the 2nd
respondent Society after attaining the age of superannuation.
2. They have approached this court with the following
prayers:
(i) To issue a writ of mandamus or order or direction to the
2ndand 3rdrespondents disburse the balance of wage arrears based-on
Exhibit P1 revised pay scales within a stipulated time period.
(ii) To issue a writ of mandamus or order or direction to the 2nd
and 3rdrespondents to disburse the Terminal Leave Surrender Benefit
and the security deposit and its interest therein due to the petitioner
within a stipulated time period.
(iii) To issue a writ of mandamus or order or direction to the 2nd
and 3rd respondents to disburse balance of DA arrears in accordance
Exhibit P3 order of the society within a stipulated time period.
(iv) To issue a writ of mandamus or order or direction to the 2nd
and 3rdrespondents to disburse the Leave Surrender Benefit due to the
petitioner as per Exhibit P4 order within a stipulated time period.
(v) To issue a writ of mandamus or order or direction to the 2nd
and 3rd respondents to disburse the petitioner's gratuity and security
deposit.
3. The learned counsel for the petitioners brought to the
notice of this court that in various judgments of this court filed
seeking for wage arrears, terminal leave arrears and pay
revision arrears, this Court has granted the reliefs as prayed
therein. The counsel submits that the petitioners herein are
also similarly placed and seek for the disbursement of
amounts. Even after repeated requests and representations, the
petitioners have not received their wage arrears, Terminal
leave surrender benefit and arrears of DA.
4. No counter affidavit is filed by respondents.
5. In the facts and circumstances of the case, these Writ
Petitions are disposed of, directing respondent Nos.2 and 3 to
disburse the balance amount of wage arrears, Terminal leave
surrender benefits, security deposit, balance of DA arrears,
leave surrender benefit, gratuity due to the petitioners and all
other retirement benefits, either in lumpsum or in monthly
instalments within a period of 12 months. If the amounts are
not paid as ordered above, the same shall carry interest @ 6%
per annum from the due date till disbursement.
Sd/-
BASANT BALAJI
JUDGE
dl/
APPENDIX OF WP(C) 4874/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO. GO(MS) NO. 41/2016/ID
DATED 29/02/2016
Exhibit P2 A TRUE COPY OF THE ORDER NO. A1/ 619/PAY RVN/ 2004
DATED 25/06/2016
Exhibit P3 TRUE COPY OF THE ORDER A3/360/H.O.HANTEX/D.A./2012
DATED 17/03/2021 PASSED BY THE 2ND RESPONDENT
SOCIETY
Exhibit P4 TRUE COPY OF THE LEAVE SURRENDER BENEFIT SANCTIONED
BY THE 2ND RESPONDENT SOCIETY FOR THE YEAR 2020-
2021 DATED 15/04/2021
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22/09/2022 IN W.P
(C) NO. 28930 OF 2022
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 17/11/2022 IN W.P
(C) NO. 36247 OF 2022
Exhibit P7 TRUE COPY OF THE LAST MADE REPRESENTATION MADE BY
THE PETITIONER DATED 10/05/2023 FOR DISBURSAL OF
HIS RETIREMENT AND OTHER BENEFITS
Exhibit P8 TRUE COPY OF THE RELIEVING ORDER DATED 29/04/2023
OF THE PETITIONER
APPENDIX OF WP(C) 4892/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO. GO(MS) NO. 41/2016/ID
DATED 29/02/2016 OF THE 1ST RESPONDENT
Exhibit P2 A TRUE COPY OF THE ORDER NO. A1/ 619/PAY RVN/ 2004
DATED 25/06/2016
Exhibit P3 TRUE COPY OF THE ORDER A3/360/H.O.HANTEX/D.A./2012
DATED 17/03/2021 PASSED BY THE 2ND RESPONDENT
SOCIETY
Exhibit P4 TRUE COPY OF THE LEAVE SURRENDER BENEFIT SANCTIONED
BY THE 2ND RESPONDENT SOCIETY FOR THE YEAR 2020-
2021 DATED 15/04/2021
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 22/09/2022 IN W.P
(C) NO. 28930 OF 2022
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 17/11/2022 IN W.P
(C) NO. 36247 OF 2022
Exhibit P7 TRUE COPY OF THE REPRESENTATION MADE BY THE
PETITIONER DATED 20/07/2023 FOR DISBURSAL OF ALL
THE RETIREMENT BENEFITS AND OTHER BENEFITS
Exhibit P8 TRUE COPY OF THE RELIEVING ORDER DATED 31/12/2021
OF THE PETITIONER
