WP(C) NO. 7310 OF 2025 1 2025:KER:26327 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 7310 OF 2025 PETITIONER/S: L SURESH KUMAR AGED 58 YEARS S/O LAWRENCE NADAR, S M NIVAS, PLAVOOR, AMACHAL P O, KATTAKKADA, THIRUVANANTHAPURAM DISTRICT, PIN - 695572 BY ADVS. R.T.PRADEEP; M.BINDUDAS; NIRANJAN T. PRADEEP RESPONDENT/S: 1 KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, PB NO.50, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001 2 MANAGING DIRECTOR KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED, PB NO.50, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001 BY ADV P.U.SHAILAJAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7310 OF 2025 2 2025:KER:26327 JUDGMENT The present writ petition has been filed seeking the following reliefs: “i. To issue a writ of mandamus or any other appropriate writ order or direction to the Respondents to pay the gratuity sanctioned by Exhibit- P2 and terminal leave surrender by Exhibit-P3 dehors the recovery contemplated therein to a tune of Rs.1,52,038/- within such time fixed by this Hon'ble Court with interest at the rate of 18% per annum from one month from the date of superannuation till date of payment; ii. To issue a writ of certiorari or any other appropriate writ, order or direction calling upon the records pertaining to Exhibit-P3 and quash the same to the extent of recovery to a tune of Rs.1,52,038/- under the heads delineated therein; iii. Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition (C), production of English translations of documents in vernacular, may kindly be dispensed with for the time being; iv. Such other reliefs which this Hon'ble Court may deem fit and proper in the interest of justice.” 2. A counter affidavit has been filed by the respondents. WP(C) NO. 7310 OF 2025 3 2025:KER:26327 Paragraph 4 of the counter affidavit reads as follows: “4. These respondents submit that the petitioner was an employee of SIDCO and at the time of retirement he was working as Driver Grade-I and on 31.5.2024 he retired on superannuation. It is true that the petitioner is entitled to get an amount of Rs.11,17,273/- towards gratuity vide proceedings No.PER/11254/2018 dated 19.11.2024. But due to shortage of funds, the SIDCO was able to pay only a part of it, amounting to Rs.2.5 lakhs on 5.3.2025 and another Rs. 2.5 Lakhs on 24.03.2025. The balance gratuity amount to be paid is Rs.6,17,273/-. The interest on delayed payment of gratuity amount as on 31.3.2025 is Rs.81,592/-, Apart from this, an amount of Rs.4,25,574/- has to be paid as Terminal Earned Leave Surrender and Rs.3,044/- as DA arrear. Thus, the total remaining amount to be paid to the petitioner is Rs.11,27,483/-. Due to financial difficulty, SIDCO is not in a position to pay the amount immediately and the above said amount will be paid within a period of three months. So, this Hon'ble Court may be pleased to grant three months to pay the remaining amount to the petitioner. Otherwise, irreparable injuries and hardships will be caused to the petitioner.” 3. In view of the undertaking filed by the respondents that the balance amount of Rs.11,27,483/- shall be paid to the petitioner within a period of three months, this Court closes this writ petition with a WP(C) NO. 7310 OF 2025 4 2025:KER:26327 direction to the respondents to pay a sum of Rs.11,27,483/- with statutory interest within three months from today. Sd/- D. K. SINGH JUDGE jjj WP(C) NO. 7310 OF 2025 5 2025:KER:26327 APPENDIX OF WP(C) 7310/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PROCEEDINGS NO. P.E.R(6)/136/2023 DATED 24.5.2024 BY WHICH PETITIONER ALONG WITH THREE OTHERS RETIRED ON THE VERY SAME DAY ON 24.5.2024 Exhibit P2 TRUE COPY OF PROCEEDINGS NO.P.E.R/11254/2018 DATED 19.11.2024 BY WHICH PETITIONER WAS SANCTIONED WITH GRATUITY OF RS.11,17,273/- BY 2ND RESPONDENT Exhibit P3 TRUE COPY OF PROCEEDINGS NO.PER(1)/11254/2018 DATED 19.11.2024 BY WHICH PETITIONER IS PERMITTED TO SURRENDER 298 DAYS OF EARNED LEAVE ON CONDITION OF RECOVERY OF RS.1,52,038/- BY 2ND RESPONDENT Exhibit P4 TRUE COPY OF REPRESENTATION DATED 24.1.2025 BY PETITIONER BEFORE 2ND RESPONDENT