Kerala High Court
Kerala State Financial Enterprises Ltd vs Sunny Sebastian on 17 July, 2025
2025:KER:52547
W.A No.1384 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
WA NO. 1384 OF 2025
AGAINST THE JUDGMENT DATED 28.01.2025 IN WP(C)
NO.18689 OF 2024 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LTD.
'BHADRATHA', MUSEUM ROAD, PB NO. 510, THRISSUR
REPRESENTED BY ITS MANAGING DIRECTOR. & ORS., PIN -
680020
2 MANAGING DIRECTOR
KERALA STATE FINANCIAL ENTERPRISES LTD. 'BHADRATHA',
MUSEUM ROAD, PB NO. 510, THRISSUR, PIN - 680020
3 DEPUTY GENERAL MANAGER (P & HR)
KSFE HEAD OFFICE 'BHADRATHA', MUSEUM ROAD, PB NO. 510,
THRISSUR, PIN - 680020
BY ADVS.
SHRI.M.GOPIKRISHNAN NAMBIAR
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
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W.A No.1384 of 2025
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SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
SMT.POOJA MENON
RESPONDENT/PETITIONER:
SUNNY SEBASTIAN
AGED 60 YEARS, S/O MV SEBASTIAN RESIDING AT
MALLAPPALLIL HOUSE PALLIKUNNU PO, WAYANAD DISTRICT,
PIN - 673124
BY ADVS.
SHRI.R.SANJITH
SMT.C.S.SINDHU KRISHNAH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.07.2025, THE COURT ON 17.07.2025 DELIVERED THE FOLLOWING:
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W.A No.1384 of 2025
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JUDGMENT
Sushrut Arvind Dharmadhikari, J.
Heard C.M.Appln No.1 of 2025 for condonation of delay. The
appeal has been filed with a delay of 35 days. Having perused the
reasons stated in the affidavit filed in support of the application to
condone delay, we are satisfied that sufficient cause has been
made out to condone the delay. Hence delay is condoned, and
the appeal is heard finally with the consent of parties.
2. The present intra-court appeal filed under Section 5 of
the Kerala High Court Act, 1958 assails the judgment dated
28.01.2025 passed in WP(C) No.18689 of 2024 whereby the
appellants have been directed to disburse the terminal benefits of
the respondent within three months. It was also directed that in
case where the gratuity has not been paid, it will carry statutory
interest and the same shall also be paid within three months.
3. The appellants herein are the respondents in the writ
petition whereas the respondent herein was the petitioner.
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W.A No.1384 of 2025
4. The respondent had filed the writ petition seeking the
following reliefs:
(i) To call for the records leading to the issuance of
Exhibit P7, examine its legality, propriety and quash
the same and all allied proceedings connected to
Exhibit P7 by issuing a writ of certiorari.
(ii) To issue a writ of mandamus and direct the
respondents to release the arbitrarily withheld all
retirement benefits including Terminal Surrender of
Earned Leave, Pay Revision Arrears, Incentives and
other retirement benefits lawfully due to the
petitioner along with 12% interest from the date it
has fallen due till actual payment, as expeditiously as
possible, within a time frame to be fixed by this
Honourable Court.
(iii) To pass any other and such other orders as this
Honourable Court deem fit to pass in the nature and
circumstance of the case.
(iv) To award the cost of this proceedings to the
petitioner.
(v) It is also prayed that this Honourable Court may be
pleased to dispense with the production of translation
of vernacular documents in the above writ petition".
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W.A No.1384 of 2025
5. The learned Single Judge disposed of the writ petition on
the ground that disciplinary enquiry would not continue after the
respondent demitted the office in view of the relevant Standing
Order of the Kerala State Financial Enterprises (KSFE). The said
issue is no longer res integra. This Court has decided batch of
writ petitions vide judgment dated 16.01.2025 passed in WP(C)
No.31602 of 2024 and connected cases and allowed the writ
petitions. Learned counsel for the appellants contended that in
one of the orders they have approached the Hon'ble Apex Court
wherein stay has been granted. Therefore, the judgment of the
learned Single Judge deserves to be stayed till the outcome of
the SLP.
6. Per contra, learned counsel for the respondent opposed
the prayer and submitted that the learned Single Judge has
rightly decided the writ petition. As such, no error is shown to
have been committed in the judgment. Therefore, this writ
appeal deserves to be dismissed.
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W.A No.1384 of 2025
7. Heard both sides.
8. In identical issue, W.A No.301 of 2025 has been
dismissed vide judgment dated 14.02.2025 upholding the
judgment of the learned Single Judge. Therefore, we are not
inclined to interfere with the judgment passed by the learned
Single Judge.
Accordingly, this writ appeal being bereft of merit and
substance, is hereby dismissed.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M
JUDGE
smp
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W.A No.1384 of 2025
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE JUDGMENT DATED 16.01.2025
IN WRIT PETITION (CIVIL) NO. 31602 OF 2024
Annexure 2 A TRUE COPY OF THE ORDER DATED 08.11.2024 OF
THE HON'BLE SUPREME COURT OF INDIA IN SLP (C)
Annexure A3 A TRUE COPY OF THE GO BEARING NO.
26/2022/P&EA DATED 17.11.2022 ISSUED BY THE
DEPARTMENT OF PLANNING AND ECONOMIC AFFAIRS,
GOVT. OF KERALA ALONG WITH ITS ENGLISH
TRANSLATION
Annexure A4 A TRUE COPY OF THE JUDGMENT DATED 14.02.2025
OF THE DIVISION BENCH OF THIS HON'BLE COURT
IN WRIT APPEAL NO. 297 OF 2025
Exhibit P4 ENGLISH TRANSLATION OF EXT.P4 REFERRED TO IN
THE WP(C)
Exhibit P5 ENGLISH TRANSLATION OF EXT.P5 REFERRED TO IN
THE WP(C)
Exhibit P6 ENGLISH TRANSLATION OF EXT.P6 REFERRED TO IN
THE WP(C)
Exhibit P7 ENGLISH TRANSLATION OF EXT.P7 REFERRED TO IN
THE WP(C)
Exhibit P8 ENGLISH TRANSLATION OF EXT.P8 REFERRED TO IN
THE WP(C)
