High Court of KeralaWP(C)/25832/2005disposed of

T.S.Krishnamoorthy v. Kerala State Construction Corpn.Ltd.

2015-06-24Honourable Mr. Justice Shaji P.Chaly5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SHAJI P. CHALY WEDNESDAY, THE 24TH DAY OF JUNE, 2015/3RD ASHADHA, 1937 WP(C).No. 25832 of 2005 (A) ---------------------------- PETITIONER(S):

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1. T.S. KRISHNAMOORTHY, SREESAILAM, (DIED) M I G - 151, GANDHI NAGAR, COCHIN-20.

2.* SEETHALAKSHMI AMMAL, W/O. KRISHNAMOORTHY, A204, 'SRINIDHI RESIDENCY', NO.364/2, NEAR BASAVA NAGAR BUS STOP, MARUTHAHALLI POST, BANGALORE.

3. K. SREESAILA, D/O. KRISHNAMOORTHY, A204, 'SRINIDHI RESIDENCY', NO.364/2, NEAR BASAVA NAGAR BUS STOP, MARUTHAHALLI POST, BANGALORE.

4. K. SREERAJ, S/O. KRISHNAMOORTHY, A204, 'SRINIDHI RESIDENCY', NO.364/2, NEAR BASAVA NAGAR BUS STOP, MARUTHAHALLI POST, BANGALORE.

* PETITIONERS 2 TO 4 ARE IMPLEADED AS LEGAL HEIRS OF THE DECEASED PETITIONER AS PER ORDER IN I.A.NO.5907/2009, DATED 01.06.2009. BY ADVS.SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT(S):

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1. KERALA STATE CONSTRUCTION CORPORATION LTD., ADMINISTRATIVE OFFICE, BANERJI ROAD, ERNAKULAM, REPRESENTED, BY ITS MANAGING DIRECTOR.

2. THE SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT TRIVANDRUM.

R1 BY ADV. SRI.A.MOHAMMED R2 BY GOVERNMENT PLEADER, SRI. ABHIJITH LESLIE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.06.2015 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C)N.25832 OF 2005 APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF CERTIFICATE DT. 16.2.1977 ISSUED BY THE SECRETARY, COIR BOARD.

EXHIBIT P2 TRUE COPY OF THE BOARD RESOLUTION DATED 13.2.2001. EXHIBIT P3 TRUE COPY OF LETTER DT. 01.11.2004 OF THE PETITIONER. EXHIBIT P4 TRUE COPY OF LETTER DATED 04.04.2005 SENT BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P5(A) TRUE COPY OF LETTER DT. 09.04.2005 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P5(B) TRUE COPY OF STATEMENT SHOWING EXCESS PAYMENT. EXHIBIT P6 TRUE COPY OF STATEMENT.

EXHIBIT P7 TRUE COPY OF ORDER IN W.A.NO.652/2005 OF HIGH COURT OF KERALA. RESPONDENTS' EXHIBITS:

EXT.R1(A) TRUE COPY OF THE DETAILS OF PAYMENT.

EXT.R1(B) TRUE COPY OF THE RECEIPT DT. 17.2.2003 ISSUED BY THE RESPONDENT. EXT.R1(C) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT.7.2.2005. EXT.R1(D) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT.26.2.2004. EXT.R1(E) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT.02.04.2004.

EXT.R1(F) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT.27.12.2004.

EXT.R1(G) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT.11.4.2005. EXT.R1(H) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT.2.9.2005. EXT.R1(I) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT.2.9.2005. EXT.R1(J) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT.29.8.2007. EXT.R1(K) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT.19.8.2002. EXT.R1(L) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT.5.6.2003. EXT.R1(M) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT. 6.7.2004.

W.P.(C)NO.25832 OF 2005 :- 2 -: EXT.R1(N) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT. NIL. EXT.R1(O) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT.9.9.2005. EXT.R1(P) TRUE COPY OF THE RECEIPT DT.12.12.2005 ISSUED BY THE RESPONDENT.

EXT.R1(Q) TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT DT. 12.1.2006.

//TRUE COPY// P.S. TO JUDGE St/-

SHAJI P. CHALY, J.

----------------------------------------------- W.P.(C) No.25832 OF 2005 ----------------------------------------------- Dated this the 24th day of June, 2015

JUDGMENT

This writ petition is filed by the petitioner contending that on his retirement, the Respondent Corporation has failed to pay certain dues to him and in spite of his representations, that was not paid to him. A counter affidavit has been filed by the Corporation, stating in paragraph 3 as follows: "3. It is submitted that almost all retirement benefits are paid to the petitioner. Only an amount of Rs.21,321/- is payable as D.A. arrears. A true copy of the details of payment is produced herewith and marked as Exhibit-R1(a). True copy of receipts evidencing granting to the petitioner are produced herewith and marked as Exhibit-R1(b) & (c) respectively. True copy of receipts evidencing terminal surrender are produced herewith and marked as Exhibit-R1(d) to (i) respectively.

True copies of receipts evidencing pay revision arrears are produced herewith and marked as Exhibit-R1(j) to (q) respectively. As evidenced from Ext.R1(b) to R1(q) almost all amounts are paid. Balance if any found will be disbursed to the petitioner as per the seniority of the scheme or as directed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the 2nd Respondent.

W.P.(C).No.25832 of 2005

3. Therefore, from the statement made in the counter affidavit, it is categoric and clear that at that point of time when the petitioner approached this Court, there were amounts due to him and it is also stated that if any amounts are further found due, the Corporation is prepared to pay the same to the petitioner.

4. The matter is pending before this Court from the year 2005 and I hope that whatever statements made in the counter affidavit would have been complied with by the Corporation. If it is not paid by the Corporation at this distance of time, they are liable to pay interest for the amounts due at the rate of 9% from the date it has actually fallen due. If the amount is not paid, same shall be paid to the petitioner or his legal representatives within a period of thirty days from the date of receipt of a copy of this judgment, with interest as stipulated above. The writ petition is disposed of as above. In the facts and circumstances of the case, no order as to costs. Sd/- SHAJI P. CHALY JUDGE //true copy// P.S. to Judge St/-