IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 27133 of 2003(E) --------------------------------------- PETITIONER: ------------------- P.S.V.MENON, `SARAS', 12/245 C.N. PURAM, PALAKKAD-678 005, MANAGER-CO-ORDINATION (RTD.), MALABAR CEMENTS LTD. PALAKKAD. BY ADV. SRI.MOHAN PULIKKAL. RESPONDENTS: ----------------------- 1. MALABAR CEMENTS LTD., WALAYAR, PALAKKAD-678 624, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, MALABAR CEMENTS LTD., PALAKKAD-678 624. BY ADV. SRI.B.S.KRISHNAN (SR.) SRI.K.ANAND, SMT.LATHA KRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27133/2003-E: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER DTD. 07/08/98 IN CMP. NO. 4111/98 IN W.A. NO. 2183/97 OF THIS HONOURABLE COURT. EXT.P.2: COPY OF THE ORDER DTD. 14/08/98 ISSUED BY THE R.2. EXT.P.3: COPY OF THE INTIMATION DTD. 04/06/99 ISSUED BY THE R.2. EXT.P.4: COPY OF THE REPRESENTATION DTD. 28/06/2002 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.5: COPY OF THE REPRESENTATION DTD. 04/01/2003 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.6: COPY OF THE JUDGMENT DTD. 19/03/2003 IN O.P. NO. 9166/2003 OF THIS HONOURABLE COURT. EXT.P.7: COPY OF THE ORDER DTD. 22/04/2003 ISSUED BY THE R.2. EXT.P7.A: COPY OF THE LETTER DTD. 05/05/2003 ALONG WITH STATEMENT OF COMPUTATION OF DUES ISSUED BY THE R.1. EXT.P.8: COPY OF THE REPRESENTATION DTD. 14/05/2003 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.9: COPY OF THE REPRESENTATION DTD. 07/06/2003 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.10: COPY OF THE LETTER DTD. 06/06/2003 ISSUED BY THE R.2. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 27133 OF 2003 E -------------------------------------- Dated this the 18th January, 2008 JUDGMENT Petitioner had approached this Court earlier with a Writ Petition which culminated in Ext.P6 Judgment. Petitioner had been placed under suspension. But the disciplinary proceedings culminated without imposing any penalty on him. The period of suspension was from 28.10.1997 to 13.8.1998. The case of the petitioner as reflected in Ext.P6 is that he is entitled to all the benefits during the period of suspension. The Writ Petition was disposed of directing consideration of Exts.P4 and P5 and it was further held that in case of any objection in granting relief, petitioner shall be put on notice regarding the objection and he shall be heard before final orders are passed. Petitioner relies on Ext.P7(a) Statement regarding the amounts due for the period from 28.10.1997 to 13.8.1998. The amount comes to Rs.1,44,241/39. Petitioner was paid this amount. Exts.P4 and P5 which are produced as Exts.P4 and P5 in this Writ Petition WPC NO.27133/03 E 2 also would show that the claim related to the period when he was placed under suspension. Petitioner then argues that he was not paid increment due from 1.1.1999. It is stated in the Counter Affidavit filed on behalf of the first respondent that final settlement of his account was made by cheque dated 5.5.2003 and the same was communicated to him vide letter dated 5.5.2003. Ext.P10 is dated 6.6.2003 and the representation of the petitioner was considered and it was found that no further amount is remaining to be paid. In the Counter Affidavit also, it is stated that no amounts are due. There is no reply affidavit disputing the allegations. It is no doubt true that there is no reference to the increment claimed with effect from 1.1.1999 as such. There is still a statement made that the entire accounts of the petitioner is settled. The amounts paid are in full and final settlement. There cannot be any dispute that the entire amount due under Ext.P6 have been paid. Further, in so far as the petitioner is not rebutting the case that the entire amounts have been paid in a reply affidavit, I do not think it necessary to WPC NO.27133/03 E 3 consider the claim of the petitioner for increment from 1.1.1999. The Writ Petition fails and it is dismissed. K. M. JOSEPH, JUDGE kbk.