IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WA.No. 1812 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.14014/2009 Dated 30/07/2009 .................... APPELLANT(S): -------------- KERALA STATE CONSTRUCTION CORPORATION, REP. BY ITS MANAGING DIRECTOR, ADMINISTRATIVE OFFICE, BANERJI ROAD, ERNAKJLAM. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): --------------- 1. K.GANGADHARAN NAIR, SECRETARY (RETIRED) KERALA STATE CONSTRUCTION CORPORATION, CHAITRAM, KARIPAL - KARAIMPADAM ROAD, S.H.MOUNT, P.O. KOTTAYAM. 2. THE STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY, DEPT. OF P.W.D., GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. -------------------------------------------- W.A. No.1812 of 2009 ---------------------------------------------- Dated 13th August, 2009. J U D G M E N T Kurian Joseph, J. This is an appeal filed against the interim order dated 30.7.2008 in W.P.(C) No.14014/09, whereby the learned Single judge ordered payment of Re.1 lakh out of the DCRG payable to the writ petitioner. Learned counsel appearing for the appellant Corporation submits that they are unable even to pay the salary and hence the Corporation may not be compelled to make any payment. But the fact remains that in Ext.R1(c) judgment, there was a direction to pay the DCRG to the petitioner therein, who was an employee of the Corporation, within one year of his retirement. In the case of the writ petitioner herein, it is more than one year. Learned counsel for the writ petitioner submits that the total amount payable is around Rs.6,00,000/- and only Re.1 lakh is directed to be paid. Learned counsel for the appellant apprehends that this will be taken as a precedent for others to follow, overlooking the Scheme prepared by the Corporation. We make it clear that being an order in the peculiar WA NO.1812/2009 2 facts and circumstances of the case, this will not be taken as a precedent and the order is confined only to the facts and circumstances of this case. The time for payment of the amount is extended upto 1.9.2009. The Writ Appeal is disposed of as above. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.1812 of 2009 ---------------------------------------------- J U D G M E N T Dated 13th August, 2009.