Kerala High Court
L. Jayasree vs The Managing Director on 6 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:67793
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WP(C) NO. 22582 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 22582 OF 2024
PETITIONER/S:
L. JAYASREE
AGED 61 YEARS
W/O.JANARDHANAN, ‘LAKSHMIKRISHNA', TC-15/310(1),
C-3 -ALTHARA NAGAR, VELLAYAMBALAM, THIRUVANANTHAPURAM,
PIN - 695010
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
MARIYA JOSE
RESPONDENTS:
1 THE MANAGING DIRECTOR
KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY
(HANTEX), OOTTUKUZHY, THIRUVANANTHAPURAM-, PIN - 695001
2 KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY
(HANTEX),
OOTTUKUZHY, THIRUVANANTHAPURAM- REPRESENTED BY ITS
MANAGING DIRECTOR, PIN - 695001
BY ADV VIVEK MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 22582 OF 2024
JUDGMENT
The petitioner retired from the Kerala State
Handloom Weavers Co-operative Society (HANTEX) as
U.D.Typist on 31.07.2021 after rendering a service of 36
years. The grievance of the petitioner is that the
terminal leave surrender and dearness allowance arrears
due to her are not so far disbursed.
2. A counter affidavit has been filed by the
respondents wherein it is stated that the paucity of funds
at the disposal of the HANTEX has resulted in delay in
disbursement of the entire benefits due to the petitioner.
It is stated that the petitioner has already been given a
substantial portion of his retirement benefits. The
details of the financial constraints faced by the HANTEX
are also stated in the counter affidavit.
3. The learned Senior Counsel for the
petitioner has placed before me the Judgments of this
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WP(C) NO. 22582 OF 2024
Court in W.P(c) No.40099/2022 and in W.P.(C) No.
6625/2023 wherein this Court taking note of the
financial condition of HANTEX was pleased to grant 12
months time to the HANTEX to disburse the terminal
benefits of the petitioners therein.
4. The Hon'ble Supreme Court in
D.S.Nakara v. Union of India [(1983) 1 SCC 305]
has observed that pension is neither a bounty, nor a
matter of grace depending upon the sweet will of the
employer, nor an ex gratia payment. It is a payment for
the past services rendered. It is a social welfare
measure rendering socio economic justice to those
persons who had in the hey-day of their life ceaselessly
toiled for the employer on an assurance that in their old
age they would not be left in lurch. Paucity of funds or
financial stringency of the employer cannot be a ground
for delaying or denying pension.
However, taking into consideration the
averments in the counter affidavit that HANTEX is in the
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WP(C) NO. 22582 OF 2024
process of revival and financial assistance from the
Government is awaited, and taking note of the fact that
the DCRG and other retirement benefits had already
been paid to the petitioner, I deem it appropriate to
grant some time to pay the amounts due to the
petitioner. Accordingly, there will be a direction to the
2nd respondent to disburse the remaining terminal
benefits due to the petitioner including the terminal
leave surrender and D.A. arrears as expeditiously as
possible, at any rate, within a period of six months from
the date of receipt of a copy of this judgment.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.
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WP(C) NO. 22582 OF 2024
APPENDIX OF WP(C) 22582/2024
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF APPLICATION DATED 16.8.2021
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
Exhibit P2 THE COPY OF APPLICATION DATED 16.8.2021
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT FOR TERMINAL SURRENDER
Exhibit P3 THE COPY OF PROCEEDINGS DATED 15.4.2021
PASSED BY THE 1ST RESPONDENT REGARDING LEAVE
SURRENDER
Exhibit P4 THE COPY OF REPRESENTATION DATED 17.9.2021
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
Exhibit P5 THE COPY OF COMMUNICATION DATED 7.2.2022
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
Exhibit P6 THE COPY OF PROCEEDINGS OF THE 1ST RESPONDENT
DATED 30.8.2022 REGARDING PAYMENT OF 1ST
INSTALLMENT OF DA ARREARS
RESPONDENT EXHIBITS
Exhibit R1[a] True copy of the Details of payment of salary
to the employees of 2nd Respondent from
January 2023 till April 2024
Exhibit R1[b] True copy of the Profit and loss account and
Balance sheet of the 2nd Respondent for the
Financial year ended on. 31.3.2021
Exhibit R1[c] True copy of the Profit and loss account and
Balance sheet of the 2nd Respondent for the
Financial year ended on. 31.3.2022
Exhibit R1[d] True copy of the Profit and loss account and
Balance sheet of the 2nd Respondent for the
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WP(C) NO. 22582 OF 2024
Financial year ended on. 31.3.2023
Exhibit R1[e] True copy of the Representation bearing No.
F.11/97/H.O. HANTEX/2018 dated.11.5.2023
Exhibit R1[f] True copy of the Representation bearing No.
F.11/97/H.O. HANTEX/2018 dated.13.12.2023
Exhibit R1[g] True copy of the relevant extract of the
Revival Proposal
