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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
K.ABDULLA – Appellant
Versus
THE COFFEE BOARD – Respondent
| Table of Content |
|---|
| 1. factual background of retirement and inquiry (Para 1 , 2) |
| 2. petitioner seeks interest for delayed retirement benefits (Para 3) |
| 3. board argues no delay and withholding lawful (Para 4) |
| 4. statutory framework for gratuity and interest (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 5. judicial precedents supporting interest (Para 13 , 14) |
| 6. equitable application of law to delay and commutation (Para 15 , 16) |
| 7. ratio: board liable to pay interest (Para 17) |
| 8. final relief directing payment within six weeks (Para 18) |
JUDGMENT
Original writ petitioner joined the service of Coffee Board in 1972 as a Field Assistant. He retired on attaining the age of superannuation on 31.7.2012. He was working as Junior Liaison Officer at the time of retirement. In January 2012 disciplinary proceedings were initiated against him. Ext.P1 notice was issued to him on 3.1.2012. Three separate articles of charges were levelled against the petitioner. Petitioner denied the charges by filing a statement on 16.1.2012. The respondent Board appointed an enquiry officer and the enquiry was conducted before the retirement of the petitioner. The report of the enquiry officer was against the petitioner. He was fo
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