Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 7TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945 WP(C) NO. 32741 OF 2023 PETITIONERS: 1 SURESHKUMAR V. S/O. VIKRAMAN NAIR N.R, ASSISTANT SECRETARY (RETIRED), KERALA STATE HOUSING BOARD, HEAD OFFICE, THIRUVANANTHAPURAM, RESIDING AT PATTAPARAMBIL HOUSE, RVCARA 115, THEVALLY P.O., KOLLAM, PIN - 691009. 2 SOBHANA N. W/O. JAYAKUMAR S, ASSISTANT SECRETARY (RETIRED), KERALA STATE HOUSING BOARD, KOLLAM DIVISION, RESIDING AT 'SARANGI', SANTHI NAGAR, THAZHAM VADAKKU, CHATHANNOOR P.O., KOLLAM, PIN - 691572. 3 GIRIJA KUMARY N. W/O. SANTHOSH P, CONFIDENTIAL ASSISTANT (SG) (RETIRED), KERALA STATE HOUSING BOARD, HEAD OFFICE, THIRUVANANTHAPURAM, RESIDING AT 'DIANA PALACE', VELINALLOOR, OYOOR P.O., KOLLAM, PIN - 691510. 4 LIZYMOLE A.B. W/O. PADMAKUMAR C, DEPUTY SECRETARY (RETIRED), KERALA STATE HOUSING BOARD, HEAD OFFICE, THIRUVANANTHAPURAM, RESIDING AT CHERASSERIL, MANAYILKULANGARA, THIRUMULLAVARAM P.O., KOLLAM, PIN - 691012.
5 JASMIN THOMAS E. W/O. BENSON JOSE K, ASSISTANT SECRETARY (RETIRED), KERALA STATE HOUSING BOARD, KOCHI HOUSING UNIT, RESIDING AT KAINIKAT HOUSE, SOUTH CHITTUR P.O., ERNAKULAM DISTRICT, PIN - 682027. BY ADVS. LIJI.J.VADAKEDOM TOM E. JACOB ATHUL V. VADAKKEDOM REXY ELIZABETH THOMAS RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001. WP(C) NO. 32741 OF 2023 2 2 THE ADDL. CHIEF SECRETARY FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 THE ADDL. CHIEF SECRETARY, HOUSING DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001. 4 KERALA STATE HOUSING BOARD (KSHB), REPRESENTED BY ITS SECRETARY HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM, PIN - 695001. 5 SECRETARY KERALA STATE HOUSING BOARD (KSHB), HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM, PIN - 695001. SRI.V. HARISH, SC, KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32741 OF 2023 3
JUDGMENT
The petitioners herein, after rendering years of service with the Kerala State Housing Board, attained superannuation on various dates in the year 2023. They contend that after their superannuation, pension sanctioning orders have been issued by the 5th respondent, and copies of the same have been produced before this Court as Exts.P1 to P1(d). Their grievance is that the amounts due to the petitioners have not been disbursed. It is in the afore circumstances this writ petition is filed seeking the following reliefs.
i. to issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondent No. 4 to disburse all the retirement benefits due to the petitioners (except monthly pension) such as Terminal Surrender, Commuted Value of Pension (full), DCRG (full), Provident Fund etc. due to each of the petitioners within a stipulated time limit. ii. to issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the respondent No. 4 to pay interest @ 12% to petitioners for the delay in releasing amounts due to the petitioners. iii. To issue a writ in the nature of mandamus or any other appropriate writ order or direction directing the respondents 1 to 3 to release amount due from respondent No.1 towards respondent No.4 within a stipulated time limit as fixed by this Honourable Court.
2. When the matter is taken up for consideration, the learned
counsel appearing for the petitioners submits that persons similarly placed as that of the petitioners have approached this Court and by Ext.P6 WP(C) NO. 32741 OF 2023 4
judgment in W.P(C) No.21263 of 2023 and connected cases, this Court had
disposed of the matter directing the competent respondent to pay the eligible retiral benefits within a period of four months. The learned counsel for the petitioners submits that the petitioners claim only identical reliefs.
3. The learned Standing Counsel appearing for the Housing Board
submitted that the Housing Board is facing acute financial stringency and they are not in a position to pay the retiral benefits due to the petitioners, though they attained superannuation in the year 2023.
4. I have considered the submissions advanced and have gone
through the records. I find that the petitioners attained superannuation sometime in the year 2023. The Pension Payment Orders have already been issued, as evident from Exts.P1 to P1(d). This Court, in numerous cases, has held that withholding terminal benefits not only jeopardizes the financial stability of pensioners like the petitioners but also transgresses their rights to a dignified life after retirement. It is to be steadfastly ensured that pensioners obtain their rightful entitlements, notwithstanding the financial predicaments of the respondents. Individuals like the petitioners are dependent on a fixed, and often meager, income post-retirement. When they are deprived of their terminal benefits, they will struggle to cover basic life necessities. Further, aging pensioners, like the petitioners, find it challenging to afford essential medical care and medications, especially in the absence of the financial buffer furnished by their terminal benefits and gratuity. Due to the relentless surge in the cost of living stemming from WP(C) NO. 32741 OF 2023 5 inflation, maintaining a previous standard of living becomes a strenuous endeavor for the pensioners. In that view of the matter, I hold that the reasons offered by the respondents for not disbursing the benefits cannot be accepted. In Vijay L. Mahrotra v State of U.P.1, the Apex Court had
held that in case of an employee retiring after rendering service, it is
expected that all the payment of the retiral benefits are paid on the date of retirement or soon thereafter.
5. In that view of the matter, the writ petition is disposed of by
ordering as under: There will be a direction to the 4th respondent to disburse all retiral benefits due to the petitioners, including Terminal Surrender, Commuted Value of Pension, DCRG, Provident Fund less the monthly pension, expeditiously, in any event, within a period of four months from the date of receipt of a copy of this judgment. If the amount is not paid as ordered, the same shall carry interest at the rate of 6% from the date on which the amount becomes due. Sd/- RAJA VIJAYARAGHAVAN V JUDGE Sru 2001 (9) SCC 687 WP(C) NO. 32741 OF 2023 6 APPENDIX OF WP(C) 32741/2023 PETITIONERS EXHIBITS Exhibit P1 THE COPY OF THE PENSION SANCTIONING ORDER NO. KSHB-HO/246/2023-AD1(A) DATED 9.6.2023 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF PETITIONER NO.1. Exhibit P1(a) THE COPY OF THE PENSION SANCTIONING ORDER NO. KSHB-HO/237/2023-AD1(A) DATED 9.6.2023 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF PETITIONER NO.2.
Exhibit P1(b) THE COPY OF THE PENSION SANCTIONING ORDER
NO.KSHB-HO/738/2022-AD1(C) DATED 9.6.2023 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF PETITIONER NO.3.
Exhibit P1(c) THE COPY OF THE PENSION SANCTIONING ORDER
NO.KSHB-HO/242/2023-AD1(A) DATED 9.6.2023 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF PETITIONER NO.4.
Exhibit P1(d) THE COPY OF THE PENSION SANCTIONING ORDER
NO.KSHB-HO/73/2023-AD1(A) DATED 23.2.2023 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF PETITIONER NO.5.
Exhibit P2 THE COPY OF THE ORDER NO. ADI(A)/SURESHKUMAR V./PENSION/2022 DATED 10.07.2023 SANCTIONING TERMINAL SURRENDER TO THE 1ST PETITIONER. Exhibit P2(a) THE COPY OF THE ORDER NO. B1-749/08 DATED 19.07.2023 SANCTIONING TERMINAL SURRENDER TO THE 2ND PETITIONER. Exhibit P2(b) THE COPY OF THE ORDER NO. KSHB-HO/738/2022-AD1(C) DATED 2.8.2023 SANCTIONING TERMINAL SURRENDER TO THE 3RD PETITIONER Exhibit P2(c) THE COPY OF THE ORDER NO. ADI(A)/LIZYMOLE A.B./PENSION/2022 DATED 14.7.2023 SANCTIONING TERMINAL SURRENDER TO THE 4TH PETITIONER. Exhibit P2(d) THE COPY OF THE ORDER NO. B1/E-842/EJT/2018 DATED 12.6.2023 SANCTIONING TERMINAL SURRENDER TO THE 5TH PETITIONER. WP(C) NO. 32741 OF 2023 7 Exhibit P3 THE TRUE COPY OF LETTER NO. HO/ACCTS/CMO PORTAL/2021 DATED. 20.11.2021 ISSUED BY THE FINANCE MANAGER. Exhibit P4 THE TRUE COPY OF LETTER DATED 07.12.2021 SUBMITTED TO THE GRIEVANCE REDRESSAL CELL UNDER THE CHIEF MINISTER OF KERALA. Exhibit P5 THE COPY OF THE GOVERNMENT ORDER NO. 3/2023/HSG DATED 11.1.2023. Exhibit P6 THE COPY OF THE JUDGMENT DATED 27.7.2023 IN WP(C) NO. 7419/2023 AND OTHER CONNECTED CASES PASSED BY THE HONOURABLE HIGH COURT OF KERALA. Exhibit P7 THE COPY OF THE JUDGMENT DATED 25/8/2023 IN WP(C) NO. 28772/2023 PASSED BY THE HONOURABLE HIGH COURT OF KERALA.