IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WP(C).No. 33903 of 2008(J) ------------------------------------ PETITIONER: ------------------- ANIL KUMAR.G., "DWARAKA", PALLICHAL JN., THIRUVANANTHAPURAM-695020. (CLERK-TYPIST DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMACHANDRAN NAIR RESPONDENTS: ----------------------- 1. THE MANAGING DIRECTOR, KERALA STATE AUDIO-VISUAL AND REPROGRAPHICAL CENTRE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM. R1 BY ADVS. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33903 of 2008(J) ------------------------------------------ APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SUBMISSION AND NOTE DT.21.02.04 EXT.P2 : COPY OF THE PROCEEDINGS OF MANAGING DIRECTOR, KERALA STATE AUDIO VISUAL AND REPORGRAPHIC CENTRE DT. 25.02.04 EXT.P3 : COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR, KERALA STATE AUDIO VISUAL AND REPORGRAPHIC CENTRE DT.26.03.04 EXT.P4 : COPY OF THE LETTER DT. 19.08.05 FOR PENDING BENEFITS EXT.P5 : COPY OF THE LETTER NO. KSAVRC/2093/2005 DT. 01.12.05 OF THE MANAGING DIRECTOR, KERALA STATE AUDIO VISUAL AND REPORGRAPHIC CENTRE EXT.P6 : COPY OF THE REQUEST FOR THE TOTAL AMOUNT OF RS.67,804/- DT. 21.12.06 EXT.P7 : COPY OF THE SUBMISSION FILED BY THE PETITIONER TO THE MANAGING DIRECTOR, KERALA STATE AUDIO VISUAL AND REPORGRAPHIC CENTRE DT. 27.06.07 EXT.P8 : COPY OF THE LETTER FOR RELEASING OF PENDING BENEFITS DT. 21.08.08 RESPONDENT'S EXHIBITS: NIL TRUE COPY PA TO JUDGE SMT S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.33903 OF 2008 --------------------------------------- Dated this the 6th day of April, 2011 JUDGMENT The petitioner was working as a Clerk-Typist in the Kerala State Audio - Visual and Reprographical Centre. He got an employment through the Public Service Commission at Medical College Hospital, Thiruvananthapuram. He was relieved to take up the new assignment on 21.2.2004. At the time when he was relieved from the 1st respondent's establishment, the petitioner had earned leave of 93 days for surrendering and he was also eligible for gratuity. According to the petitioner, the petitioner is entitled to get an amount of Rs.67,804/- in respect thereof. The petitioner claimed the same. But, by Ext.P5, the petitioner was informed that his pending dues will be cleared in full at a later stage, since the Centre is in severe financial crisis. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) Call for the records leading to this case and to issue a writ of Mandamous (sic) are other appropriate W.P.(C)No.33903/08 2 writs, directing the 1st Respondent to disburse the service benefits, ie. terminal surrender, pay revision arrears, bonus balance, gratuvity (sic) etc. amounting Rs.67,804/- as stated in Ext.P4. (ii) To issue a writ of mandamous (sic) directing the 1st Respondent to stop further payments to their employees till the dues to be paid to the petitioner by the 1st Respondent”. 2. In an identical case, namely, W.P.(C)No.9898/10, I have held that the Centre cannot postpone payment of amounts admittedly due to the petitioner in that writ petition indefinitely on the ground of financial difficulties and that it is for the respondents to find out ways and means to pay the amount admittedly due to the petitioner. The said judgment applies to the facts of this case also. Accordingly, the writ petition is allowed and the 1st respondent is directed to disburse terminal benefits due to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.33903/08 3 W.P.(C)No.33903/08 4