High Court of KeralaSingle JudgeWrit petition disposed of with directions to re...

Unnikrishnan R. and others v State of Kerala and others

Case / Petition Number:WP(C) No. 39286 of 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Raja Vijayaraghavan V
Judgment Date
2023-12-18
Court Decision / Holding
There will be a direction to the 4th respondent to disburse all retiral benefits due to the petitioners (DCRG, commuted pension, terminal leave surrender, monthly pension arrears, DA arrears, etc.) expeditiously within four months. If the amount is not paid within that period, it shall carry interest at the rate of 6% from the due date until payment. The petition is disposed of accordingly.
Final Disposition
Writ petition disposed of with directions to release retiral benefits within four months; 6% interest if delayed; reliance on precedent to safeguard pensioners’ rights notwithstanding financial difficulties of the respondents; order implemented expeditiously.

Parties to the Case

Appellants / Petitioners

  • Unnikrishnan R.
  • Janamma
  • Asharaf M.
  • Hariharan A.K.
  • Jaya K.
  • Minivargheese
  • Suresh Kumar M.V.
  • Suresh Kumar A.T.
  • Chandraprakash B.
  • Sudha V.S.
  • Sheela A.M.
  • Subhash C.
  • Rex J.
  • Suku M.
  • Abduljaleel V.V.
  • Krishnannampoothiri E.
  • Vaheedarani P.
  • Ajithkumar

Respondents

  • State of Kerala
  • The Additional Chief Secretary Finance Department, Government Secretariat, Thiruvananthapuram
  • The Additional Chief Secretary Housing Department, Government Secretariat, Thiruvananthapuram
  • Kerala State Housing Board (KSHB)
  • The Secretary, Kerala State Housing Board (KSHB), Housing Board Buildings, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv. Ajith Kumar

Counsels for Respondents

  • • Sri. V Harish, SC for KSHB

Case Synopsis & Summary

Petitioners, a group of Kerala State Housing Board pensioners, challenge the non-disbursal of retirement benefits after superannuation between 2020 and 2023. They point to Exts P1–P18, pension sanction orders issued in 2021–2022, arguing that pensionary benefits (DCRG, commuted pension, terminal leave surrender, monthly pension arrears, DA arrears, etc.) have been sanctioned but not released, jeopardizing their livelihood and dignity in retirement. They rely on Ext P32—the judgment in W.P.(C) No. 29018 of 2023—where relief was granted mandating disbursal within four months, claiming parity with similarly situated employees. The respondents, including the Kerala State Housing Board and government authorities, contend a severe financial crisis and outstanding dues from the Government, which prevent immediate payment, though they do not contest entitlement. The court notes that pension orders exist and reiterates that withholding terminal benefits undermines the pensioners’ right to dignity and is contrary to constitutional guarantees. Citing Vijay L. Mahrotra v State of U.P., the court states that retiral benefits should be paid on or soon after retirement. It disposes of the petition by directing the 4th respondent to disburse all retiral benefits within four months, with 6% interest if payment is delayed, and emphasizes that fiscal constraints cannot justify non-payment.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that after decades of service with the Kerala State Housing Board, they retired between 2020 and 2023 and that pension sanctions were issued (Exts P1–P18) in 2021–2022, but disbursal has been withheld. They rely on Ext. P32 (W.P.(C) No.29018 of 2023) directing disbursal within four months and seek mandamus to release DCRG, commuted pension, terminal leave surrender, monthly pension arrears, DA arrears, and interest at 9% on amounts due from retirement until disbursement, plus a directive to release Rs.15.26 crores per the 1st respondent’s 07.10.2023 decision. They urge parity with others who have received timely benefits and emphasize pensioners’ fixed, modest incomes and the need for dignified living post-retirement.

Contentions of Respondents

The respondents acknowledge entitlement to retirement benefits but contend the Kerala Housing Board faces a severe financial crisis and owes large sums to the Government, limiting their ability to immediately disburse benefits. They stress the Board’s fiscal stress and outstanding dues but do not dispute the beneficiaries’ rights.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Vijay L. Mahrotra v State of U.P.2001 (9) SCC 687PositiveThe court relies on this apex court decision to support the principle that retiral benefits should be paid on retirement or soon thereafter.
W.P.(C) No. 29018 of 2023W.P.(C) No. 29018 of 2023PositiveExt. P32 judgment cited to show that similar relief (disbursal within four months) has been granted in a comparable case.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`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 3 ``` 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 4 ``` - 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 6 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 7 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 8 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 9 ## **`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 10 |||`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 12 |||`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`|