Kerala High Court
Sujatha T vs Kerala State Financial Enterprises Ltd on 25 July, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:54983
WP(C) NO. 20812 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(C) NO. 20812 OF 2025
PETITIONER:
SUJATHA T
AGED 58 YEARS
W/O. BALACHANDRAN, KRISHNA, PIPELINE ROAD MANNUTHY,
THRISSUR, PIN - 680651.
BY ADVS.
SRI.R.SANJITH
SMT.C.S.SINDHU KRISHNAH
RESPONDENTS:
1 KERALA STATE FINANCIAL ENTERPRISES LTD
'BHADRATHA', MUSEUM ROAD, P.B.NO.510, THRISSUR,
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680020.
2 MANAGING DIRECTOR
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
'BHADRATHA', MUSEUM ROAD, P.B.NO.510, THRISSUR,
PIN - 680020.
3 DEPUTY GENERAL MANAGER (P&HR) (I/C)
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
'BHADRATHA', MUSEUM ROAD, P.B.NO.510, THRISSUR,
PIN - 680020.
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WP(C) NO. 20812 OF 2025
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4 DEPUTY GENERAL MANAGER (IA&V) (I/C)
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
'BHADRATHA', MUSEUM ROAD, P.B.NO.510, THRISSUR,
PIN - 680020.
5 CHIEF MANAGER (I.A.&V)
KERALA STATE FINANCIAL ENTERPRISES LIMITED,
'BHADRATHA', MUSEUM ROAD, P.B.NO.510, THRISSUR,
PIN - 680020.
BY ADVS.
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
SRI.M.GOPIKRISHNAN NAMBIAR, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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T.R. RAVI, J.
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W.P.(C) No.20812 of 2025
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Dated this the 25th day of July, 2025
JUDGMENT
The prayer in the writ petition is for release of the
benefits of terminal surrender of earned leave and other
amounts due to the petitioner, who was retired on 30.04.2025.
Five days prior to the retirement, it is stated that Ext.P9 was
issued intimating initiation of domestic enquiry.
2. A counter affidavit has been filed by the
respondents.
3. This Court has considered the right of the
respondents to continue with disciplinary proceedings after
the retirement of the employee and has held that as there is
no provision for continuing the enquiry proceedings there can
be no justification for withholding any retirement dues or
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WP(C) NO. 20812 OF 2025
other dues payable to the concerned employee. Ext.P12 is the
copy of the judgment of a Division Bench in a batch of writ
petitions in similar circumstances which had been filed by the
respondents herein.
In view of the categoric pronouncement of the
Division Bench, the petitioner is entitled to relief. The writ
petition is hence allowed. There will be a direction to the
respondents to release all the amounts due to the petitioner
towards terminal surrender of earned leave and other
amounts at the earliest, at any rate, within one month from
the date of receipt of a copy of this judgment. If there is any
delay in the payment beyond the abovesaid period, the
amount shall carry interest at 12%.
Sd/-
T.R.RAVI
JUDGE
mpm
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WP(C) NO. 20812 OF 2025
APPENDIX OF WP(C) 20812/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE MEMO DATED 14/08/2024
BEARING REF. NO 48062 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P2 TRUE COPY OF THE REPLY LETTER DATED
21/10/2024 ISSUED BY THE PETITIONER TO THE
3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE NOTICE DATED 29/11/2024.
Exhibit P4 TRUE COPY OF THE REPLY LETTER DATED
05/12/2024 ISSUED BY THE PETITIONER TO THE
4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE CHARGE MEMO DATED
03/02/2025 ADDRESSED TO THE PETITIONER BY
THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE LETTER DATED 21/03/2025
ADDRESSED TO THE 2ND RESPONDENT BY THE
PETITIONER.
Exhibit P7 TRUE COPY OF THE MEMO DATED 29/03/2025
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER.
Exhibit P8 TRUE COPY OF THE INTIMATION DATED
23/04/2025 BEARING REF. GGS ISSUED BY THE
3RD RESPONDENT TO THE PETITIONER.
Exhibit P9 TRUE COPY OF THE LETTER DATED 25/04/2025
ISSUED TO THE PETITIONER BY ADV.M.R.ARUN,
ENQUIRY OFFICER.
Exhibit P9(a) TRUE COPY OF REPLY DATED 03/05/2025 TO
EXHIBIT P9.
Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF THE
STANDING ORDERS (EMPLOYEE REGULATIONS) OF
1ST RESPONDENT DATED 21-03-1974.
Exhibit P11 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 23/12/2022 IN WP(C)
NO. 28002/2022.
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Exhibit P12 TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT DATED 26/10/2022 IN WA
NO. 1263/2022.
Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED
06/02/2024 IN WPC 4445/2024 PASSED BY THIS
HONOURABLE HIGH COURT OF KERALA.
RESPONDENTS' EXHIBITS
Exhibit R1 (a) THE TRUE COPY OF THE GOVERNMENT ORDER NO.
G.O. (MS) NO.26/ 2022/ P AND EA DATED
17/11/ 2022 IN MALAYALAM.
Exhibit R1 (b) ENGLISH TRANSLATED COPY OF EXT.R1 (A)
GOVERNMENT ORDER.
