IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 31287 of 2009(S) -------------------------- TA.70/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH ....................................... PETITIONER(S): --------------- K.V. SREEDHARAN, S/O. SANKARAN, AGED 61 YEARS, RESIDING AT PACHIRANTAVIDA HOUSE, NORTH STREET, POOKOM, PANOOR.P.O, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): ------------------------- 1. CONTROLLER OF COMMUNICATION ACCOUNTS, DEPARTMENT OF TELECOMMUNICATIONS, OFFICE OF THE CONTROLLER OF COMMUNICATIONS ACCOUNTS, KERALA CIRCLE, THIRUVANANTHAPURAM-3. 2. ACCOUNTS OFFICER (ESTABLISHMENT), OFFICE OF THE GENERAL MANAGER, BSNL, KANNUR-2. 3. BHARAT SANCHAR NIGAM LTD., REPRESENTED BY THE GENERAL MANAGER, BSNL, KANNUR-2. 4. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., BHADRATHA, MUSEUM ROAD, THRISSUR. 6. SPECIAL DEPUTY TAHSILDAR, KERALA STATE FINANCIAL ENTERPRISES LTD., KAOSAR COMPLEX, CALTEX JUNCTION, KANNUR. ADV. SRI.K.KESAVANKUTTY, SC, BSNL FOR R1-3 SRI.T.NAVEEN, SC, K.S.F.E. LTD. FOR R4-5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31287 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF SANCTION MEMO NO.CCA/KRL/1-3/C281/ 2006-07/8 DATED 7/8/2006 ISSUED BY RESPONDENT NO.1. EXT.P2: TRUE COPY OF THE T.A.NO.70 OF 2008 OF CAT ERNAKULAM EXT.P3: TRUE COPY OF THE COUNTER STATEMENTS OF THE RESPONDENTS WITH THEIR EXHIBITS EXT.P4: TRUE COPY OF THE ORDER DATED 19/3/2009 IN T.A.NO.70 OF 2008 ON THE FILE OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P.(C). No.31287of 2009 -------------------------------- Dated this the 1st day of December,2009 JUDGMENT Kurian Joseph.J The petitioner approached this court since he was not paid gratuity. The Central Administrative Tribunal dismissed the application as per Ext.P4 order and hence the writ petition. 2. According to the writ petitioner an amount Rs.90,000/- (Rupees Ninty Thousand only) has been withheld on the ground that the fourth respondent had requested for withholding of the amount. Now on instruction, the learned counsel for the fourth respondent submitted that original loanee has settled the account. 3. The learned counsel for the third respondent submitted that the third respondent is entitled, in any case, to recover the excess payments made by it to the petitioner. In case excess payments have been made, it will be open to the third respondent to recover the same with notice to the petitioner. There will be a direction to the petitioner to appear before the third respondent on 14/12/2009. The third respondent shall disburse the amount due to the petitioner within another one week, after adjusting the excess payment if any made to the petitioner. The W.P.(C). No.31287of 2009 2 question of interest is left open. It is made clear that in case no amount is disbursed as above, the petitioner will be entitled to interest @12% from the date of his retirement and the officers responsible for the delay shall be personally liable for the same. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn