## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 18[TH] DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945`**
## **`WP(C) NO. 39286 OF 2023`**
```
PETITIONERS:
```
```
1UNNIKRISHNAN.R.
AGED59YEARS
S/ORAMAN,SINGLESTREET,WESTVILLAGE,PALLASSANA,
-
PALAKKAD,PIN678505
2JANAMMA
AGED59YEARS
W/OSELVAN,106KANNERUVILAKATHUVEEDU,THALAYKKONAM,
KULATHUMMAL,KURUTHAMCODE,THIRUVANANTHAPURAM,,
-
PIN695572
3ASHARAF.M.
AGED58YEARS
S/OMUHAMMEDALI,VILAYILVEEDU,NILAVU,EDAVILAKAM,
-
MURUKUMPUZHA,THIRUVANANTHAPURAM,,PIN695302
4HARIHARAN.A.K.
AGED58YEARS
S/OKAILASOMIYER,TC37/1786,NEWTC80/2321,
WSRA-45,MITHRANANTHAPURAMLANE,NEARSREEPADMANABHA
SWAMYTEMPLE,FORTP.O.,THIRUVANANTHAPURAM,,
-
PIN695023
5JAYA.K.
AGED58YEARS
W/OJUSTINDAS.J.,TC18/1460,ANGELBHAVAN
KUNNAPUZHA,ARAMADAP.O.,THIRUVANANTHAPURAM,,
-
PIN695032
6MINIVARGHESE
AGED57YEARS
W/OBENOY.M.A.,MENACHERY,KSHBVILLA,OPPOSITE
IRUMPANAM.P.O.,THRIPPUNITHURA,ERNAKULAM,,
-
PIN682309
```
W.P(C) No.39286 of 2023
2
```
7SURESHKUMAR.M.V.
AGED57YEARS
S/OVASUDEVAMENON.M.,15/208,EDAVATH,
-
THALAKKULATHUR,KOZHIKODE,PIN673317
8SURESHKUMAR.A.T.
AGED57YEARS
S/OACHUTHAN.G.,THIRUVATHIRA,EVERGREENVILLAS,
HOUSINGBOARDROAD,IRUMBANAM,ERNAKULAM,,
-
PIN682309
9CHANDRAPRAKSH.B.
AGED57YEARS
S/OBHASKARAN,19/911-18,NAVEENAM,HOUSINGBOARD
-
BUILDINGS,THAMALAM,THIRUVANANTHAPURAM,,PIN695012
10SUDHA.V.S.
AGED57YEARS
D/ODINAKARAN.P.,46/1689,SUNDARAMHOUSE,PREMNAGAR
-
24,KARAMANA.P.O.,THIRUVANANTHAPURAM,,PIN695002
11SHEELA.A.M.
AGED57YEARS
W/OVISWANATHAN.C.V.,2893/A,ADATHUVEETTILHOUSE,
PALLATHUROAD,THAMMANAM.S.O.,ERNAKULAM,,
-
PIN682032
12SUBHASH.C.
AGED57YEARS
S/OCHIKKEN,MANIVAYALCOLONY,KALANADIKOLLYP.O.,
-
PULPALLI,WAYANAD,PIN673579
13REX.J.
AGED57YEARS
S/OJOHN.V.,TC13/287(184),ANJANAM,FLATNO.109,EMS
-
NAGAR,PATTOOR,THIRUVANANTHAPURAM,,PIN695035
14SUKU.M.
AGED56YEARS
S/OMARKOSE,TC11/624,HARIHARNAGAR,NANTHENCODE
-
KOWDIAR.P.O.,THIRUVANANTHAPURAM,,PIN695003
```
W.P(C) No.39286 of 2023
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```
15ABDULJALEEL.V.V.
AGED56YEARS
S/OVELLAMANIRAWTHER,VALIYAPARAMBU,ODANUR,
-
KOTTAYI.P.O.,PALAKKAD,,PIN678572
16KRISHNANNAMPOOTHIRI.E.
AGED56YEARS
S/OM.EASWARANNAMPOOTHIRI,NEELAMANADEVISREEYAM,
-
PAZHAVANGADI.P.O.,PATHANAMTHITTADISTRICT,,PIN
689673
17VAHEEDARANI.P.
AGED56YEARS
W/OMOHANLAL.R.S.,TC19/911-6,KRRA-318PADMARAGAM,
SOUTHROADLANE,THAMALAM,POOJAPPURA,
-
THIRUVANANTHAPURAM,,PIN695012
18AJITHAKUMARI.V.
AGED56YEARS
W/ORAJENDRAN.C.,HARIKRISHNA,TC13/482-1
RANDAMCHIRA,POWDIKONAM,ULIYAZHATHURA,
-
THIRUVANANTHAPURAM,,PIN695587
BYADVD.AJITHKUMAR
```
## **`RESPONDENTS:`**
```
1STATEOFKERALA
REPRESENTEDBYITSCHIEFSECRETARY,GOVERNMENT
-
SECRETARIAT,THIRUVANANTHAPURAM,PIN695001
2THEADDITIONALCHIEFSECRETARY
FINANCEDEPARTMENT,GOVERNMENTSECRETARIAT,
-
THIRUVANANTHAPURAM,PIN695001
3THEADDITIONALCHIEFSECRETARY
HOUSINGDEPARTMENT,GOVERNMENTSECRETARIAT,
-
THIRUVANANTHAPURAM,PIN695001
4KERALASTATEHOUSINGBOARD(KSHB)
HOUSINGBOARDBUILDINGS,THIRUVANANTHAPURAM
```
W.P(C) No.39286 of 2023
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```
-
REPRESENTEDBYITSSECRETARY,PIN695001
```
```
5THESECRETARY
KERALASTATEHOUSINGBOARD(KSHB),HOUSINGBOARD
-
BUILDINGS,THIRUVANANTHAPURAM,PIN695001
```
```
SRI.VHARISH,SCFORKERALASTATEHOUSINGBOARD
```
```
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON18.12.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
```
W.P(C) No.39286 of 2023
5
## **JUDGMENT**
## The Petitioners have approached this Court seeking the following
## reliefs:
“(i) To issue a writ of mandamus or any other writ, order, or direction directing the 4th respondent to disburse all the retirement benefits due to the petitioners such as DCRG, Commuted value of pension, Terminal Leave surrender amounts, Monthly Pension arrears, DA arrears etc. forthwith.
(ii) To issue a writ of mandamus or any other writ, order or direction directing the 4th respondent to pay interest at the rate of 9% on amount due towards the retirement benefits from the date of retirement of each petitioner till its disbursement to the petitioners.
(iii) To issue a writ of mandamus or any other writ, order or direction directing the respondents 1 to 3 to release amount of Rs.15.26 crores as per the decision of the 1st respondent dated 07.10.2023 forthwith to the 4th respondent for disbursing the pensionary benefits to the petitioners;
2. The petitioners contend that after serving for decades in the Kerala State Housing Board, they attained superannuation during the years 2020-2023. They refer to Exts P1 to P18 Pension Sanctioning orders, and it is submitted that the pensionary benefits of all the petitioners have been sanctioned in the year 2022 itself. According to them, no steps have been taken to dispose of the pensionary benefits due to the petitioners. They assert
W.P(C) No.39286 of 2023
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that employees similarly placed as the petitioners had approached this Court and by Ext. P32 judgment in W.P(C) No.29018 of 2023, this Court had ordered the disbursal of benefits within a period of four months. According to the petitioners, they are entitled to the same reliefs.
3. The learned Standing Counsel appearing for the respondents submits that the Housing Board is facing a serious financial crisis and is unable to pay off the retiral benefits to their own employees, though they are not disputing their claim. He would reiterate that huge sums are due to the Board from the Government.
4. I have considered the submissions advanced and have gone through the records. I find that the petitioners attained superannuation during the years 2020-23. The pension payment orders have already been issued, as evident from Exts.P1 to P18. This Court has, in similar circumstances, 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,
W.P(C) No.39286 of 2023
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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 inflation, maintaining a previous standard of living becomes a strenuous endeavor for pensioners. In that view of the matter, I hold that the reasons offered by the respondents for not disbursing the benefits cannot be accepted. The egregiousness of the respondents’ omissions and the consequential suffering of retired employees is clearly violative of the rights guaranteed to them under the Constitution. 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.
The mere fact that the respondents are facing a financial crisis is not at all a reason to withhold the retirement benefits due to the retired employees.
5. In that view of the matter, the writ petition is disposed of by ordering as under:
- a. There will be a direction to the 4th respondent to disburse all retiral benefits due to the petitioners, such as DCRG, Commuted value of Pension, Terminal Leave Surrender, Monthly Pension
> 1 2001 (9) SCC 687
W.P(C) No.39286 of 2023
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arrears, DA arrears etc. expeditiously in any event, within a period of four months.
- b. 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
became due until the amount is actually paid.
Sd/-
**RAJA VIJAYARAGHAVAN V, JUDGE**
IAP
W.P(C) No.39286 of 2023
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## **`APPENDIX OF WP(C) 39286/2023`**
||**`APPENDIX OF WP(C) 39286/2023`**|
|---|---|
|`PETITIONERS’ `|`EXHIBITS:`|
|`Exhibit P1`|`TRUE COPY OF THE ORDER VIDE NO.`|
||`KSHB-HO/738/2020-AD1(B) DATED 12.04.2021`|
||`ISSUED BY THE 5TH RESPONDENT TO THE 1ST`|
||`PETITIONER`|
|`Exhibit P2`|`TRUE COPY OF THE ORDER NO.M`|
||`282/UNNIKRISHNAN/TCR/2020 DATED NIL ISSUED`|
||`BY THE EXECUTIVE ENGINEER OF THE 4TH`|
||`RESPONDENT BOARD TO THE 1ST PETITIONER`|
|`Exhibit P3`|`TRUE COPY OF ORDER`|
||`NO.KSHB-HO/142/2020-AD(C) DATED 04.02.2021`|
||`ISSUED BY THE 5TH RESPONDENT TO THE 2ND`|
||`PETITIONER`|
|`Exhibit P4`|`TRUE COPY OF THE ORDER NO.`|
||`KSHB-HO/581/2020-AD1(C) DATED 26.08.2021`|
||`ISSUED BY THE 5TH RESPONDENT TO THE 3RD`|
||`PETITIONER`|
|`Exhibit P5`|`TRUE COPY OF THE ORDER`|
||`NO.KSHB-H0/581/2020-AD1(C) DATED 3.2.2022`|
||`ISSUED BY THE ADDITIONAL SECRETARY OF THE`|
||`4TH RESPONDENT BOARD TO THE 3RD PETITIONER`|
|`Exhibit P6`|`TRUE COPY OF THE ORDER NO.AD 1(A)/HARIKARAN`|
||`A.K/PENSION/2020 DATED 23.9.2021 ISSUED BY`|
||`5TH RESPONDENT TO THE 4TH PETITIONER`|
|`Exhibit P7`|`TRUE COPY OF THE ORDER NO.ADI(A)/HARIHARAN`|
||`A.K/PENSION/2020 DATED 27.11.2021 ISSUED BY`|
||`THE ADDITIONAL SECRETARY OF THE 4TH`|
||`RESPONDENT BOARD TO THE 4TH PETITIONER`|
|`Exhibit P8`|`TRUE COPY OF ORDER NO.AD1 (A)`|
||`JAYA.K/PENSION/2020 DATED 23.09.2021 ISSUED`|
W.P(C) No.39286 of 2023
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|||`BY THE 5TH RESPONDENT TO THE 5TH PETITIONER`|
|---|---|---|
|`Exhibit `|`P9`|`TRUE COPY OF THE ORDER NO.ADI(A)/JAYA`|
|||`K./PENSION/2020 DATED 29.12.2022 ISSUED BY`|
|||`THE ADDITIONAL SECRETARY OF THE 4TH`|
|||`RESPONDENT BOARD TO THE 4TH PETITIONER`|
|`Exhibit `|`P10`|`TRUE COPY OF THE ORDER NO.`|
|||`KSHB-HO/233/2022-AD1(A) DATED 11.05.2022 OF`|
|||`THE 6TH RESPONDENT TO THE 6TH PETITIONER`|
|`Exhibit `|`P11`|`TRUE COPY OF THE ORDER`|
|||`NO.KSHB-HO/625/2022-AD1(A) DATED 27.10.2022`|
|||`ISSUED BY THE 5TH RESPONDENT TO THE 7TH`|
|||`PETITIONER`|
|`Exhibit `|`P12`|`TRUE COPY OF ORDER NO.`|
|||`KSHB-HO/460/2022-AD1(A) DATED 12.08.2022`|
|||`ISSUED BY THE 6TH RESPONDENT TO THE 8TH`|
|||`PETITIONER`|
|`Exhibit `|`P13`|`TRUE COPY OF THE ORDER NO.`|
|||`KSHB-HO/227/2023-AD1(A) DATED 27.07.2023`|
|||`ISSUED BY THE 6TH RESPONDENT TO THE 9TH`|
|||`PETITIONER`|
|`Exhibit `|`P14`|`TRUE COPY OF THE ORDER NO.B1/45512/2021`|
|||`DATED 08.09.2023 ISSUED BY THE REGIONAL`|
|||`ENGINEER, THIRUVANANTHAPURAM OF THE 4TH`|
|||`RESPONDENT BOARD TO THE 9TH PETITIONER`|
|`Exhibit `|`P15`|`TRUE COPY OF THE ORDER NO.`|
|||`KSHB-HO/406/2022-AD2(C) DATED 12.08.2022`|
|||`ISSUED BY THE 4TH RESPONDENT TO THE 10TH`|
|||`PETITIONER`|
|`Exhibit `|`P16`|`TRUE COPY OF THE ORDER`|
|||`NO.AD11©/SUDHA/PENSION/2021 DATED`|
|||`18.01.2023 ISSUED BY THE ADDL.SECRETARY OF`|
|||`THE 4TH RESPONDENT BOARD TO THE 10TH`|
|||`PETITIONER`|
W.P(C) No.39286 of 2023
|||11|
|---|---|---|
|`Exhibit `|`P17`|`TRUE COPY OF THE ORDER NO.`|
|||`KSHB-HO/557/2021-AD1(B) DATED 17.11.2022`|
|||`ISSUED BY THE 6TH RESPONDENT BOARD TO THE`|
|||`11TH PETITIONER`|
|`Exhibit `|`P18`|`TRUE COPY OF THE ORDER NO.E-346/02 DATED`|
|||`23.05.2023 ISSUED BY THE ACCOUNTS OFFICER`|
|||`OF EXECUTIVE ENGINEER, ERNAKULAM OF THE 4TH`|
|||`RESPONDENT BOARD TO THE 11TH PETITIONER`|
|`Exhibit `|`P19`|`TRUE COPY OF THE ORDER VIDE NO.`|
|||`KSHB-HO/331/2022-AD1(C) DATED 16.09.2022`|
|||`ISSUED BY THE 6TH RESPONDENT TO THE 12TH`|
|||`PETITIONER`|
|`Exhibit `|`P20`|`TRUE COPY OF THE ORDER NO.WDO/1290/EL/2006`|
|||`DATED 30.12.2022 ISSUED BY THE EXECUTIVE`|
|||`ENGINEER, WAYANAD DIVISION OF THE 4TH`|
|||`RESPONDENT BOARD TO THE 12TH PETITIONER`|
|`Exhibit `|`P21`|`TRUE COPY OF THE ORDER NO.`|
|||`KSHB-HO/641/2022-AD2(A) DATED 07.01.2023`|
|||`ISSUED BY THE 6TH RESPONDENT TO THE 13TH`|
|||`PETITIONER`|
|`Exhibit `|`P22`|`TRUE COPY OF THE ORDER`|
|||`NO.AD11(A)REX/PENSION/2021 DATED 24.02.2023`|
|||`ISSUED BY THE ADDL.SECRETARY OF THE 4TH`|
|||`RESPONDENT BOARD TO THE 13TH PETITIONER`|
|`Exhibit `|`P23`|`TRUE COPY OF THE ORDER VIDE NO.`|
|||`KSHB-HO/410/2022-AD1(C) DATED 23.02.2023`|
|||`ISSUED BY THE 6TH RESPONDENT TO THE 14TH`|
|||`PETITIONER`|
|`Exhibit `|`P24`|`TRUE COPY OF THE ORDER NO.KSHB-HO410/2022`|
|||`AD1(C) DATED 23.06.2023 ISSUED BY THE`|
|||`ADDL.SECRETARY OF THE 4TH RESPONDENT BOARD`|
|||`TO THE 14TH PETITIONER`|
|`Exhibit `|`P25`|`TRUE COPY OF THE ORDER VIDE NO.`|
|||`KSHB-HO/91/2023-AD1(C) DATED 09.06.2023`|
W.P(C) No.39286 of 2023
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|||`ISSUED BY THE 6TH RESPONDENT TO THE 15TH`|
|---|---|---|
|||`PETITIONER`|
|`Exhibit `|`P26`|`TRUE COPY OF THE ORDER NO.A2/348 (A)/VVA`|
|||`LDT DATED 12.10.2023 ISSUED BY THE`|
|||`EXECUTIVE ENGINEER, PALAKKAD DIVISION OF`|
|||`THE 4TH RESPONDENT BOARD TO THE 15TH`|
|||`PETITIONER`|
|`Exhibit `|`P27`|`TRUE COPY OF THE ORDER VIDE NO.`|
|||`KSHB-HO/67/2023-AD1(B) DATED 07.08.2023`|
|||`ISSUED BY THE 6TH RESPONDENT TO THE 16TH`|
|||`PETITIONER`|
|`Exhibit `|`P28`|`TRUE COPY OF THE ORDER VIDE NO.`|
|||`KSHB-HO/236/2023-AD1(A) DATED 09.06.2023`|
|||`ISSUED BY THE 6TH RESPONDENT TO THE 17TH`|
|||`PETITIONER`|
|`Exhibit `|`P29`|`TRUE COPY OF THE ORDER NO.AD1(A)VAHEEDARANI`|
|||`P/PENSION/2022 DATED 31.10.2023 ISSUED BY`|
|||`THE ADDL.SECRETARY OF THE 4TH RESPONDENT`|
|||`BOARD`|
|`Exhibit `|`P30`|`TRUE COPY OF THE ORDER VIDE NO.`|
|||`KSHB-HO/334/2023-AD1(A) DATED 23.08.2023`|
|||`ISSUED BY THE 6TH RESPONDENT TO THE 18TH`|
|||`PETITIONER`|
|`Exhibit `|`P31`|`TRUE COPY OF THE ORDER ISSUED BY THE`|
|||`REGIONAL ENGINEER, KOCHI OF 4TH RESPONDENT`|
|||`BOARD TO THE 8TH PETITIONER`|
|`Exhibit `|`P32`|`TRUE COPY OF THE JUDGMENT IN W.P.(C)`|
|||`NO.29018 OF 2023 DATED 6.11.2023 OF THE`|
|||`HON'BLE HIGH COURT OF KERALA`|
|`Exhibit `|`P33`|`TRUE COPY OF THE ORDER NO.AD1(A)`|
|||`SURESHKUMAR.M.V./PENSION/2021 DATED`|
|||`14.7.2023 ISSUED BY THE ADDL.SECRETARY OF`|
|||`THE 4TH RESPONDENT BOARD`|