WP(C) NO. 33548 OF 2024 1 2025:KER:29737 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 33548 OF 2024 PETITIONER: GOSALAKRISHNAN NAIR V AGED 58 YEARS S/O VELAPPAN NAIR, ASST GENERAL MANAGER - IN CHARGE (RETD), RESIDING AT ‘MADHAVAM’, KORANI P.O, CHEMPAKAMANGALAM, THIRUVANANTHAPURAM, PIN - 695104 BY ADVS. MANU GOVIND AISWARYA V. RESPONDENT: THE KERALA STATE FINANCIAL ENTERPRISES LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, 'BHADRATHA', MUSEUM ROAD, P.B. NO.510, THRISSUR, PIN - 680020 BY ADVS. GOPIKRISHNAN NAMBIAR M K.JOHN MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA KANNAN(K/356/2008) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 33548 OF 2024 2 2025:KER:29737 JUDGMENT The petitioner is a retired employee of the Kerala State Financial Enterprises Limited. The petitioner has approached this Court in the present writ petition seeking the following prayers: i. a writ in the nature of mandamus or any other appro- priate writ, order or direction, directing the Respond- ent to disburse the arrears of salary, along with the consequential arrears in gratuity and earned leave surrender, thenceforth the petitioner became eligible for promotion to the post of AGM, within a time frame to be fixed by this Honourable Court; and ii. a writ, order or direction in the nature of mandamus directing the respondent to release the withheld leave surrender value, with interest at the rate of 6% from the date it fell due till the date of realisation; or in the alternative; iii. a writ in the nature of mandamus compelling the re- spondent to act upon Exhibit P2 and P3 representa- tions within a time frame to be stipulated by this Hon- ourable Court; or iv. pass such any other direction, order or reliefs, as this Honourable Court may deem fit in the interest of jus- tice, equity and good conscience. 2. This Court finds no substance in the prayer made in this writ petition for giving the petitioner retrospective promotion to the post of Assistant General Manager where the petitioner was never promoted. WP(C) NO. 33548 OF 2024 3 2025:KER:29737 Therefore, the relief sought to that extent is rejected. However, so far as the question of withholding of the post-retirement dues of the petitioner is concerned, in the anticipation of some disciplinary proceedings, the issue is covered by the judgment of this Court in W.P(C.) No.31602/2024 and other connected cases. Therefore, the writ petition, to that extent, is allowed in terms of the judgment mentioned above. Sd/- D. K. SINGH JUDGE AP WP(C) NO. 33548 OF 2024 4 2025:KER:29737 APPENDIX OF WP(C) 33548/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF LETTER BEARING REF NO. 47035 DATED 23.07.2024 FROM THE RESPONDENT Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 05.09.2024 SEEKING DISBURSEMENT OF WITHHELD RETIREMENT BENEFITS (₹3,12,500/-) Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 05.09.2024