IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11542 of 2007(Y)
1. M.BALAJEE SINGH, S/O.K.P.MOHAN SINGH,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. KERALA AGRO INDUSTRIES CORPORATION LTD.,
3. MANAGING DIRECTOR,
For Petitioner :SMT.SANTHAMMA ISSAC
For Respondent :SRI.E.K.NANDAKUMAR
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :08/01/2009
O R D E R
T.R.RAMACHANDRAN NAIR, J
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W.P.(C) NO: 11542 of 2007
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Dated this the 8th day of January, 2009
JUDGMENT
The writ petition is filed seeking for a direction to the
respondents to pay the interest on gratuity due to the petitioner,
as granted by this Court in Ext.P1 judgment
2. The petitioner had retired from service in August 2002. A
reading of Ext.P1 judgment shows that even though an amount of
Rs.1,77,646/- was payable as terminal benefits, there were
certain items of liabilities fixed against him. After considering
various aspects, this Court was passed a judgment directing the
payment of balance amount within a period of four months from
the date of judgment. The operative portion of the judgment is
reproduced below:-
“In the above circumstances, I dispose of the writ
petition as follows. There shall be recovery only of the
following amounts:-
(1)Rs.7480/- which is the monetary value of
punishment of barring the increment.(2)Rs.12859/- towards the cash shortage.
(3)Rs.44,794/-, which is the liability towards
the Staff Co-operative Society.
After deducting the amounts mentioned above,
the petitioner shall be paid the balance within a
period of four months from today, taking note of the
fact that the petitioner already retired from service
in August, 2002. In the event of delay beyond the
wpc:11542 of 2007
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said period of four months the petitioner will be entitled
to get interest at the rate of 8% on the gratuity.”
3. Going by the same the respondents are liable to pay interest,
if the balance amount as directed in the judgment is not paid within a
period of four months and the rate of interest allowed is 8%. In
paragraph 6 of the writ petition it is stated that the balance amounts
were paid by two instalments of Rs.56,257/- and Rs.56,256 on
13.4.2005 and 27-5-2005 respectively. Such payments are evidenced
by the communications Exts.P4 and P5. Therefore, the dates of
payment cannot be disputed at all. They are beyond the period fixed
in Ext.P1 judgment The petitioner claims an amount of Rs.23,736/- as
interest that is payable to him consequent on the delayed payment of
the amount.
4. Respondents have filed a counter affidavit, wherein the stand
taken is that the delay occurred earlier in making the payment was
due to the adverse financial conditions in the establishment. It is
pointed out that the steps were being taken to revive the
establishment. The said averments relate to the situation which were
prevailing before Ext.P1 judgment was rendered by this court.
Obviously they are referring to the state of affairs which resulted in
the delay in finalising the liability and in arriving at the correct
amount due to him. But the said stand cannot be adopted by the
respondents in the present writ petition, since going by Exts.P4 and
wpc:11542 of 2007
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P5 the admitted amounts have been paid beyond the period stipulated
in Ext.P1 judgment. Therefore the petitioner is entitled for the benefit
of Ext.P1 judgment wherein the interest at 8% is allowed on the
gratuity amount. The said judgment is binding on the parties and has
become final.
Therefore the writ petition is allowed. There will be a direction
to the second respondent to calculate and make payment of the
interest on the gratuity amount at 8% as directed in Ext.P1 judgment
within a period of one month from the date of receipt of a copy of this
judgment. The writ petition is allowed as above.
T.R.RAMACHANDRAN NAIR,
JUDGE
bps