K.T.Balachandran vs State Of Kerala

C.S.Dias, J

The writ petition is filed, inter alia, to direct the respondents to sanction and disburse the Death-cum-Retirement Gratuity (DCRG), Revised Pension

Arrears, Terminal Surrender of Earned Leave Arrears (TSEL) due to the petitioner.

2. The petitioner has averred in the writ petition that he retired from the services of the 4th respondent on 31.5.2019. Even after the lapse of more

than 21 months he has not been paid his pensionary benefits, that too, after satisfactorily completing an unblemished career of 34 years. Although the

petitioner had submitted Ext.P2 representation to the 4th respondent, only an amount of Rs.5,00,000/- has been paid to him. The petitioner is a member

of the Employees Provident Fund, but the pension payment order is not issued. The petitioner has also submitted Ext.P4 representation to the 5th

respondent. As the petitioner is remedy-less, he has approached this Court.

3. The 4th respondent has filed a statement, inter alia, stating that due to the critical financial position of the 4th respondent, it is unable to meet to its

financial commitments. The fourth respondent has admitted that the petitioner is entitled for an amount of Rs.7,21,305/- as eligible gratuity. The 4th

respondent has paid an amount of Rs.5,00,000/- to the petitioner and the balance gratuity amount is Rs.2,21,305. Due to the pandemic, the 4th

respondent is unable to disburse the pensionary benefits of its employees. The petitioner is in the 10th position as far as payment of balance gratuity is

concerned. With regard to the terminal surrender of the petitioner, the petitioner is at 52nd position in the seniority list and a total amount of

Rs.4,90,100/- is due to him. The respondent will be in a position to disburse the pending dues of gratuity within a period of six months. Provident fund

dues to the retired employees, who have retired till March 2019, have been paid.

4. This Court by judgment dated 10.4.2018 in W.P (C ) 8942/2018 directed the 4th respondent to disburse the retirement benefits such as Gratuity,

Provident Fund amount, Leave surrender value and Pay revision arrears, D.A arrears, Special advance and all other benefits to its employees within a

period of six months from the date of receipt of a copy of the said judgment. The fourth respondent was further to ensure that the payment is paid by

maintaining the seniority of retired hands with reference to their date of retirements for which a seniority list has to be published.

5. On a consideration of the pleadings and materials on record and the directions passed by this Court in W.P (C ) 8942/2018, I am of the firm

opinion that the petitioner is also entitled for an identical relief as directed by this Court in the aforesaid judgment.

In the result, the writ petition is allowed by directing the 4th respondent to pay all the retirement benefits mentioned above to the petitioner, in

accordance with the seniority directed to be maintained in WP(C) 8942/2018 with reference to the date of retirement of the petitioner. It is made clear

that if the 4th respondent fails to adhere to the time frame and the stipulation as mentioned in W.P (C) No.8942/2018, the 4th respondent would also

be liable to pay interest at the rate of 6% per annum to the petitioner on the defaulted payment from the date of retirement of the petitioner till the date

of payment.

The writ petition is ordered accordingly.