WP(C). Nos. 7203/2021 and connected cases (Kerala High Court)

_**WP(C).7203/21 & CONNECTED CASES**_ 1 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY, THE 8[TH] DAY OF APRIL 2022 / 18TH CHAITHRA, 1944** **WP(C) NO. 21493 OF 2021** ## **PETITIONER/S:** RAJASEKHARAN PILLAI AGED 59 YEARS S/O GOPAL PILLAI, MIDHILA, VILIKUDI P.O.KUNNIKODE, KOTTARAKARA, PATHANAPURAM TALUK, KOLLAM-691 508. BY ADVS. R.SANJITH C.S.SINDHU KRISHNAH 1 KERALA STATE FINANCIAL ENTERPRISES LIMITED BHADRATHA, THRISSUR-680 020, REPRESENTED BY ITS MANAGING DIRECTOR 2 MANAGING DIRECTOR KERALA STATE FINANCIAL ENTERPRISES LIMITED, BHADRATHA, THRISSUR-680 020. 3 DEPUTY GENERAL MANAGER (D.G.M (P& HR), KERALA STATE FINANCIAL ENTERPRISES LIMITED, BHADRATHA, THRISSUR-680 020 BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS RAJA KANNAN ## **RESPONDENT/S:** THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 4.3.2022, ALONG WITH WP(C).7203/2021, 8566/2021 AND CONNECTED CASES, THE COURT ON 08.04.2022 DELIVERED THE FOLLOWING: _**WP(C).7203/21 & CONNECTED CASES**_ 2 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY, THE 8[TH] DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 WP(C) NO. 7203 OF 2021** ## **PETITIONER/S:** USHA .B AGED 58 YEARS D/O.K.GOVINDAN, RESIDING AT TC 58/1810, DEVI KRIPA, KOLIYOOR, MUTTACADU P.O., TRIVANDRUM-695 523. BY ADVS. MANU GOVIND SHRI.AYESHA MARIA JOHN ## **RESPONDENT/S:** 1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED BHADRATHA, MUSEUM ROAD, P.B.NO.510, THRISSUR-680 020, REPRESENTED BY ITS MANAGING DIRECTOR. 2 THE DEPUTY GENERAL MANAGER, P AND HR, KERALA STATE FINANCIAL ENTERPRISES LIMITED, BHADRATHA, MUSEUM ROAD, PB NO.510, THRISSUR-680 020. BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 4.3.2022, ALONG WITH WP(C).8566/2021 AND CONNECTED CASES, THE COURT ON 08.04.2022 DELIVERED THE FOLLOWING: _**WP(C).7203/21 & CONNECTED CASES**_ 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY, THE 8[TH] DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 WP(C) NO. 8566 OF 2021** ## **PETITIONER/S:** LIZY IYPE AGED 62 YEARS W/O. (LATE) J PHILIP, LIP HOUSE, PLOT NO. 12, PTP NAGAR EAST, PTP NAGAR P.O, THIRUVANANTHAPURAM-695 038 BY ADVS. MANU GOVIND SHRI.AYESHA MARIA JOHN ## **RESPONDENT/S:** THE KERALA STATE FINANCIAL ENTERPRISES LIMITED BHADRATHA, MUSEUM ROAD, P.B.NO. 510, THRISSUR-680 020, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 4.3.2022, ALONG WITH WP(C).7203/2021, 8566/2021 AND CONNECTED CASES, THE COURT ON 08.04.2022 DELIVERED THE FOLLOWING: _**WP(C).7203/21 & CONNECTED CASES**_ 4 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY, THE 8[TH] DAY OF APRIL 2022 / 18TH CHAITHRA, 1944** **WP(C) NO. 13904 OF 2021** ## **PETITIONER/S:** MATHAI A AGED 62 YEARS S/O. AUGUSTHY, ARAKUNNEL HOUSE, KRIMANNOOR P.O., IDUKKI DISTRICT-685 581. BY ADVS. R.SANJITH C.S.SINDHU KRISHNAH ## **RESPONDENT/S:** 1 KERALA STATE FINANCIAL ENTERPRISES LIMITED BHADRATHA, THRISSUR-680 020. REPRESENTED BY ITS MANAGING DIRECTOR. 2 MANAGING DIRECTOR KERALA STATE FINANCIAL ENTERPRISES LIMITED, "BHADRATHA", THRISSUR-680 020. 3 DEPUTY GENERAL MANAGER (D.G.M(P&HR)) KERALA STATE FINANCIAL ENTERPRISES LIMITED, "BHADRATHA", THRISSUR-680 020. BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI K.J.JOSEMON KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN JOSON MANAVALAN _**WP(C).7203/21 & CONNECTED CASES**_ 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 4.3.2022, ALONG WITH WP(C).7203/2021, 8566/2021 AND CONNECTED CASES, THE COURT ON 08.04.2022 DELIVERED THE FOLLOWING: _**WP(C).7203/21 & CONNECTED CASES**_ 6 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 8[TH] DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 WP(C) NO. 15689 OF 2021** ## **PETITIONER/S:** BEENA S AGED 59 YEARS AGED 59 YEARS, W/O A.R. JAGANNATHAN NAIR A.R., KANUPRIYA, PALLICHAL P.O., THIRUVANANTHAPURAM 695 020 BY ADVS. MANU GOVIND AYESHA MARIA JOHN ## **RESPONDENT/S:** KERALA STATE FINANCIAL ENTERPRISES LIMITED (KSFE) "BHADRATHA", MUSEUM ROAD, P.B.NO.510, THRISSUR- 680 020, REPRESENTED BY ITS MANAGING DIRECTOR BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 4.3.2022, ALONG WITH WP(C).7203/2021, 8566/2021 AND CONNECTED CASES, THE COURT ON 08.04.2022 DELIVERED THE FOLLOWING: _**WP(C).7203/21 & CONNECTED CASES**_ 7 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY, THE 8[TH] DAY OF APRIL 2022 / 18TH CHAITHRA, 1944** **WP(C) NO. 19915 OF 2021** ## **PETITIONER/S:** MADHUSOODANAN M., AGED 60 YEARS S/O. KRISHNAN K.V., TRIVENI, KARAMEL, P.O. VELLUR, VIA PAYYANNUR, KANNUR-670307. BY ADVS. R.SANJITH C.S.SINDHU KRISHNAH ANOOP GEORGE NIYA BENNY ## **RESPONDENT/S:** 1 KERALA STATE FINANCIAL ENTERPRISES LIMITED, BHADRATHA, THRISSUR-680020, REPRESENTED BY ITS MANAGING DIRECTOR. 2 MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LIMITED, BHADRATHA, THRISSUR-680020. 3 DEPUTY GENERAL MANAGER [D.G.M(P&HR)], KERALA STATE FINANCIAL ENTERPRISES LIMITED, BHADRATHA, THRISSUR-680020. BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN _**WP(C).7203/21 & CONNECTED CASES**_ 8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 4.3.2022, ALONG WITH WP(C).7203/2021, 8566/2021 AND CONNECTED CASES, THE COURT ON 08.04.2022 DELIVERED THE FOLLOWING: _**WP(C).7203/21 & CONNECTED CASES**_ 9 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 8[TH] DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 WP(C) NO. 22624 OF 2021** ## **PETITIONER/S:** SHAJI.K.R., AGED 59 YEARS S/O.(LATE) K.N.RAGHAVAN, SREE TC 20/3231 (6) KRA72A, KEERTHI NAGAR, NALANCHIRA, MUKKOLACKAL P.O., THIRUVANANTHAPURAM-695 043. BY ADVS. MANU GOVIND AYESHA MARIA JOHN ## **RESPONDENT/S:** 1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, "BHADRATHA", MUSEUM ROAD, P.B.NO.510, THRISSUR-680 020, REPRESENTED BY ITS MANAGING DIRECTOR. 2 THE DEPUTY GENERAL MANAGER P & HR, KERALA STATE FINANCIAL ENTERPRISES LIMITED, "BHADRATHA", MUSEUM ROAD, PB.NO.510, THRISUSR-680 020. BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 4.3.2022, ALONG WITH WP(C).7203/2021, 8566/2021 AND CONNECTED CASES, THE COURT ON 08.04.2022 DELIVERED THE FOLLOWING: _**WP(C).7203/21 & CONNECTED CASES**_ 10 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY, THE 8[TH] DAY OF APRIL 2022 / 18TH CHAITHRA, 1944** ## **WP(C) NO. 24451 OF 2021** ## **PETITIONER/S:** SARASWATHY ANTHARJANAM, AGED 58 YEARS W/O. N.S. KRISHNAN NAMBOODIRI, RESIDING AT TC 31/1261 (14) NEELAMANA, GANESH GARDENS, AKSHARA VEEDHI ROAD, PETTAH P.O, THIRUVANANTHAPURAM-695 024 BY ADV MANU GOVIND ## **RESPONDENT/S:** THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, "BHADRATHA", MUSEUM ROAD, P.B. NO.510, THRISSUR-680 020, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 4.3.2022, ALONG WITH WP(C).7203/2021, 8566/2021 AND CONNECTED CASES, THE COURT ON 08.04.2022 DELIVERED THE FOLLOWING: _**WP(C).7203/21 & CONNECTED CASES**_ 11 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **FRIDAY, THE 8[TH] DAY OF APRIL 2022 / 18TH CHAITHRA, 1944** ## **WP(C) NO. 24545 OF 2021** ## **PETITIONER/S:** SHAHIDA BEEVI.A., AGED 58 YEARS W/O.NAWAZ, RESIDING AT MAKOM TC 75/1045-1, POLICE QUARTERS LINE, POONTHURA P.O., THIRUVANANTHAPURAM-695 026. BY ADVS. MANU GOVIND AYESHA MARIA JOHN ## **RESPONDENT/S:** THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, "BHADRATHA", MUSEUM ROAD, P.B.NO.510, THRISSUR-680 020, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 4.3.2022, ALONG WITH WP(C).7203/2021, 8566/2021 AND CONNECTED CASES, THE COURT ON 08.04.2022 DELIVERED THE FOLLOWING: _**WP(C).7203/21 & CONNECTED CASES**_ 12 ## **V.G.ARUN, J.** **----------------------------------------------W.P(C).Nos. 7203, 8566, 13904, 15689, 19915, 21493, 22624, 24451 and 24545 of 2021 ----------------------------------------------Dated this the 8[th] day of April, 2022** ## **JUDGMENT** The petitioners are retired employees of the Kerala State Financial Enterprises Ltd (‘the Company’, for short). They are aggrieved by the non-disbursal of benefits like gratuity, earned leave surrender, arrears of dearness allowance, salary revision arrears, festival incentives, flood relief amount etc. The reason for non-disbursal put forth by the Company is the alleged grant of sticky loans/chits in violation of the Company's circulars and norms. 2. Learned Counsel for the petitioners contended in unison that the allegations are baseless and notice of quantification of the alleged liability was not issued to the petitioners while they were in service. It is contended that, terminal benefits being reward for service rendered, ought to have been disbursed immediately after retirement. The Company having failed to do so, is bound to pay interest on the amount due. 3. Learned Standing Counsel for the Company explained that the _**WP(C).7203/21 & CONNECTED CASES**_ 13 usual practice is to quantify the liability of each employee, prior to the settlement of his/her retirement benefits. For the purpose of quantification, liability/non liability reports are collected from the Head Office and Branches where the employee had worked. In the process, if any liability is reported, that will have to be deducted from the benefits due to the employee. In the case of the petitioners, sanctioning of loans and chitties without adequate security, from the Branches where they had worked, resulted in the Company being disabled from recovering the amounts due under those transactions. Even though the petitioners were called upon to settle the liability thus incurred, they superannuated without settling the liability. The fact that the petitioners are retired does not exempt or immunise them from the contumacious conduct and the Company has every right to adjust the liability incurred by petitioners against the terminal benefits due to them. 4. Indisputably, no disciplinary proceedings was initiated against the petitioners while they were in service. No rule or regulation enabling the Company to initiate proceedings for recovery or for withholding terminal benefits after retirement is brought to my notice. Being so, it can unhesitatingly be held that, non-disbursal of terminal and other benefits, based on an unsubstantiated allegation of having caused loss to the Company, is not only illegal but is also antithesis to the mutual trust on which an employer-employee relationship is founded. _**WP(C).7203/21 & CONNECTED CASES**_ 14 5. The precedents on the point are plenty. In _**Khem Chand v. Union of India**_ [AIR 1963 SC 687], the Apex Court held the right to arrears of pay and allowance to be property within the meaning of Article 19(1)(f) of the Constitution of India. In _**Deoki Nandan Prasad v. State of Bihar**_ [AIR 1971 SC 179], the right to receive pension is held to be property under Articles 19(1)(f) and 31(1). Taking note of the repeal of Articles 19(1)(f) and 31(1) by the Constitution (Forty-fourth) Amendment Act, the Apex court in _**State of W.B. v. Haresh C. Banerjee**_ , [(2006) 7 SCC 651] declared the right to retirement benefits to be a constitutional right, as contemplated in Article 300-A. The legal position needs no further reiteration in the light of the categorical finding in **S** _**tate of Jharkhand v. Jitendra Kumar Srivastava**_ , [(2013) 12 SCC 210], contextually relevant prtion of which is reproduced here under; _“The fact remains that there is an imprimatur to the legal principle that the right to receive pension is recognised as a right in “property”. Article 300-A of the Constitution of India reads as under:_ _“300-A.Persons not to be deprived of property save by authority of law.—No person shall be deprived of his property save by authority of law.”_ _Once we proceed on that premise, the answer to the question posed by us in the beginning of this judgment becomes too obvious. A person cannot be deprived of this pension without the authority of law, which is the constitutional mandate enshrined in Article 300-A of the Constitution. It follows that attempt of the_ _**WP(C).7203/21 & CONNECTED CASES**_ 15 _appellant to take away a part of pension or gratuity or even leave encashment without any statutory provision and under the umbrage of administrative instruction cannot be countenanced.”_ 6. As observed in _**D.S.Nakara v.Union of India**_ [(1983) 1 SCC 305], the antiquated notion of pensionary or retiral benefits being a bounty or a gratuitous payment, depending upon the sweet will or grace of the employer, and not a right enforceable through court, has to be under the carpet. It may also be apposite to note that as per the judgment in W.P(C).No.33750 of 2017, filed by another set of disgruntled pensioners, this court had directed the respondents to pay the entire benefits within three months. A conspectus of the above precedents leads to the indubitable conclusion that the Company is bound to disburse the terminal and other benefits due to the petitioners forthwith. In the result, the writ petitions are allowed and the following directions are issued; - i. The Company shall disburse the DCRG and other benefits due to the petitioners within three months of receiving a copy of this judgment. - ii. The unpaid gratuity will carry interest at the rate of 6%, computed from the first day of the next month of retirement of the petitioners. - iii. In case of failure to pay the amounts within the three _**WP(C).7203/21 & CONNECTED CASES**_ 16 month period, the Company will be liable to pay 9% interest on the entire balance amount, reckoned from the respective dates of retirement of the petitioners. **Sd/-** **V.G.ARUN, JUDGE** _vgs_ _**WP(C).7203/21 & CONNECTED CASES**_ 17 ## **APPENDIX OF WP(C) 7203/2021** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P1|TRUE COPY OF THE LETTER DATED 08.07.2020| ||FROM THE 2ND RESPONDENT TO THE PETITIONER.| |EXHIBIT P2|TRUE COPY OF THE LETTER DATED 17.07.2020| ||FROM THE PETITIONER TO THE DEPUTY GENERAL| ||MANAGER.| |EXHIBIT P3|TRUE COPY OF THE LETTER DATED 17.09.2020| ||FROM THE PETITIONER TO THE DEPUTY GENERAL| ||MANAGER.| |EXHIBIT P4|TRUE COPY OF THE LETTER RECEIVED BY THE| ||PETITIONER UNDER THE RTI ACT DATED| ||11.01.2021 TYPED COPY.| |EXHIBIT P5|TRUE COPY OF THE LEGAL NOTICE DATED| ||05.01.2021 SENT BY THE PETITIONER TO THE| ||RESPONDENT NTC.| |Exhibit P6|TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT| ||DATED 29-04-2021 EVIDENCING SERVICE OF THE| ||ORDER ON THE RESPONDENT.| _**WP(C).7203/21 & CONNECTED CASES**_ 18 ## **APPENDIX OF WP(C) 8566/2021** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER DATED 01.01.2018 FROM THE PETITIONER TO THE MANAGING DIRECTOR. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 02.03.2018 FROM THE PETITIONER TO THE MANAGING DIRECTOR. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 14.03.2018 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXHIBIT P4 NIL EXHIBIT P4(A) TRUE COPY OF THE LETTER DATED 02.05.2018 PREFERRED BY THE PETITIONER TO THE MANAGING DIRECTOR. EXHIBIT P4(B) TRUE COPY OF THE LETTER DATED 24.09.2018 PREFERRED BY THE PETITIONER TO THE DEPUTY GENERAL MANAGER (P&HR). EXHIBIT P4(C) TRUE COPY OF THE LETTER DATED 05.03.2020 PREFERRED BY THE PETITIONER TO THE MANAGING DIRECTOR. EXHIBIT P5 TRUE COPY OF THE LEGAL NOTICE DATED 11.01.2021 ISSUED TO THE RESPONDENT. _**WP(C).7203/21 & CONNECTED CASES**_ 19 ## **APPENDIX OF WP(C) 13904/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CIRCULAR NO.46/2017 (P&HR) DATED 13.7.2017 ISSUED BY THE IST RESPONDENT. - Exhibit P2 TRUE COPY OF THE RTI APPLICATION DATED 1.6.2021 PREFERRED BEFORE THE THIRD RESPONDENT. - Exhibit P3 TRUE COPY OF RTI REPLY NO.4155/RIA/2122(34)12 DATED 21.6.2021 ISSUED BY THE THIRD RESPONDENT. - Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 3.3.2020 IN WPC NO.18942/2019. - Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 26.9.2019 IN WPC NO.32811/2018. Exhibit P6 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HONOURABLE COURT DATED 22.2.2019 IN WPC NO.30292/2018. _**WP(C).7203/21 & CONNECTED CASES**_ 20 ## **APPENDIX OF WP(C) 15689/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION NO.47255 DATED 15.06.2020 FROM THE DEPUTY GENERAL MANAGER (P&HR) OF THE RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF PETITIONER'S LETTER DATED 29.06.2020 TO THE DEPUTY GENERAL MANAGER (P & HR) OF THE RESPONDENT Exhibit P3 TRUE COPY OF PETITINER' DEMAND DATED 19.04.2021 BEFORE THE RESPONDENT SEEKING DISBURSEMENT OF WITHHELD AMOUNTS Exhibit P4 TRUE COPY OF LETTER NO.47255 DATED 14.07.2021 FROM THE RESPONDENT TO THE PETITIONER _**WP(C).7203/21 & CONNECTED CASES**_ 21 ## **APPENDIX OF WP(C) 19915/2021** PETITIONER EXHIBITS - Exhibit P1 TRUE COPY OF THE LETTER DATED 05/07/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. - Exhibit P2 TRUE COPY OF THE LETTER DATE 06/07/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. - Exhibit P3 TRUE COPY OF TH REPLY DATED 26/07/2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT ALONG WITH THE VALUATION REPORT OF THE IMMOVABLE PROPERTY TAKEN AS SECURITY FOR GRANTING THE LOAN TO MR. VISHWANATHAN. - Exhibit P4 TRUE COPY OF THE LETTER DATED 27/07/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. - Exhibit P5 TRUE COPY OF THE LETTER DATED 24/08/2021 PREFERRED BY THE PETITIONER TO THE 3RD RESPONDENT. - RESPONDENT ALONG WITH THE VALUATION REPORT OF THE IMMOVABLE PROPERTY TAKEN AS SECURITY FOR GRANTING THE LOAN TO MR. VISHWANATHAN. - Exhibit P6 TRUE COPY OF THE RECEIPT DATED 05/03/2021. - Exhibit P7 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 03/03/2020 IN WPC NO.18942/2019. - Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 26/09/2019 IN WPC NO.32811/2018. - Exhibit P9 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THIS HONOURABLE COURT DATED 22/02/2019 IN WPC NO.30292/2018. - RESPONDENT EXHIBITS Exhibit R1(a) TRUE COPY OF THE NOTE NO.13023/RECOVERY DATED 25.06.2019 SUBMITTED BY THE ASSISTANT _**WP(C).7203/21 & CONNECTED CASES**_ 22 GENERAL MANAGER-I/C (RECOVERY) TO DGM (P&HR), KSFE. Exhibit R1(b) TRUE COPY OF LETTER NO. SDT/RR/809 DATED 16.03.2020 ISSUED BY THE MANAGER, SDT RR, KANNUR BRANCH. _**WP(C).7203/21 & CONNECTED CASES**_ 23 ## **APPENDIX OF WP(C) 22624/2021** PETITIONER EXHIBITS Exhibit P1 COPY OF THE ORDER DATED 11.08.2021 PASSED BY THE RESPONDENT AGAINST THE PETITIONER. Exhibit P2 COPY OF THE NIL LIABILITY REPORT DATED 30.09.2020 FORWARDED TO THE HEAD OFFICE THRISSUR BY THE BRANCH MANAGER TO THE HEAD OFFICER. Exhibit P3 COPY OF THE JUDGMENT ARISING DATED 09.10.2018 IN WPC NO.33750 OF 2017 OF THIS HONOURABLE COURT. Exhibit P4 COPY OF THE JUDGMENT DATED 26.06.2014 IN OP 6373 OF 2001 OF THIS HONOURABLE COURT. _**WP(C).7203/21 & CONNECTED CASES**_ 24 ## **APPENDIX OF WP(C) 24451/2021** PETITIONER EXHIBITS Exhibit P1 RETYPED COPY OF THE ORDER DATED 08.09.2021 PASSED BY THE RESPONDENT AGAINST THE PETITIONER. Exhibit P2 COPY OF JUDGMENT ARISING DATED 09.10.2018 IN W.P.C NO. 33750 OF 2017 OF THIS HON'BLE COURT. Exhibit P3 COPY OF THE JUDGMENT DATED 26.06.2014 IN OP 6373 OF 2001 OF THIS HON'BLE COURT. _**WP(C).7203/21 & CONNECTED CASES**_ 25 ## **APPENDIX OF WP(C) 24545/2021** PETITIONER EXHIBITS Exhibit P1 TYPED COPY OF THE ORDER DATED 02.09.2021 PASSED BY THE RESPONDENT AGAINST THE PETITIONER. Exhibit P2 COPY OF THE JUDGMENT ARISING DATED 09.10.2018 IN WPC 33750 OF 2017 OF THIS HONOURABLE COURT. Exhibit P3 COPY OF THE JUDGMENT DATED 26.06.2014 IN OP 6373 OF 2011 OF THIS HONOURABLE COURT. RESPONDENT EXHIBITS Exhibit R1a TRUE COPY OF NOTE NO 13023/RECOVERY DATED 3.9.2021 INCLUDING ALL ANEXURES, SUBMITTED BY THE RECOVERY DEPARTMENT TO DGM(P&HR),KSFE _**WP(C).7203/21 & CONNECTED CASES**_ 26 ## **APPENDIX OF WP(C) 21493/2021** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE LETTER DATED 6.8.2020 ISSUED| ||BY THE 3RD RESPONDENT TO THE PETITIONER| |Exhibit P2|TRUE COPY OF THE LETTER DATED 13.7.2020 ISSUED| ||BY THE 3RD RESPONDENT TO THE PETITIONER| |Exhibit P3|TRUE COPY OF THE REPLY DATED 20.7.2020 ISSUED| ||BY THE PETITIONER TO THE 3RD RESPONDENT| |Exhibit P4|TRUE COPY OF THE LETTER DATED 25.8.2020 ISSUED| ||BY THE 3RD RESPONDENT TO THE PETITIONER| |Exhibit P5|TRUE COPY OF THE LETTER DATED 22.12.2020| ||ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER| |Exhibit P6|TRUE COPIES OF THE APPLICATION DATED 24.8.2020| ||PREFERRED BY THE PETITIONER UNDER RIGHT TO| ||INFORMATION ACT TO THE 1ST RESPONDENT| |Exhibit P7|REPLY DATED 10.9.2021 RECEIVED BY THE| ||PETITIONER FROM THE 1ST RESPONDENT UNDER RIGHT| ||TO INFORMATION ACT| |Exhibit P8|TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE| ||COURT DATED 3.3.2020 IN WPC NO 18942/2019| |Exhibit P9|TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE| ||COURT DATED 26.9.2019 IN WPC NO 32811/2018| |Exhibit P10|TRUE COPY OF THE JUDGMENT OF THE DIVISION| ||BENCH OF THIS HONOURABLE COURT DATED 22.2.2019| ||IN WPC NO 30292/2018| EXHIBIT R1(a): COPY OF NOTE NO.13023/RECOVERY DATED 23.6.2020 (INCLUDING ATTACHMENTS), SUBMITTED BY THE ASSISTANT GENERAL MANAGER-I/C (RECOVERY) TO DGM (P&HR), KSFE.