IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944
WA NO. 1571 OF 2022
AGAINST THE ORDER/JUDGMENTWP(C) 32107/2019 OF HIGH COURT OF KERALA
APPELLANT/S:
1 DR. B.G. SREEDEVI, AGED 62 YEARS
(CHIEF SCIENTIST, NATIONAL TRANSPORTATION
PLANNING AND RESEARCH CENTRE (NATPAC) K.
KARUNAKARAN TRANSPARK, THURUVIKKAL P.O, AKKULAM,
THIRUVANANTHAPURAM 695 031) RESIDING AT TC
6/314(2), SREENARAYANEEYAM, PRA 07, PULLIKULAM
LANE, ULLOOR - AKKULAM ROAD, THURUVIKKAL P.O,
THIRUVANANTHAPURAM 695 031., PIN - 695031
2 K.M. SYED MOHAMMED, AGED 62 YEARS
(PRINCIPAL TECHNICAL OFFICER, NATIONAL
TRANSPORTATION PLANNING AND RESEARCH CENTRE
(NATPAC) K. KARUNAKARAN TRANSPARK, THURUVIKKAL
P.O, AKKULAM, THIRUVANANTHAPURAM 695 031)
RESIDING AT SHAFEEQ MANZIL, TC 48/144, UPS LANE,
AMBALATHARA, POONTHURA P.O, THIRUVANANTHAPURAM
695 026., PIN - 695026
BY ADV THAMPAN THOMAS
RESPONDENT/S:
1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY & ENVIRONMENT, REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM.695004. PIN - 695004 2 THE MEMBER SECRETARY, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT, SASTHRA BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM.695004., PIN - 695004 :2: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 3 NATIONAL TRANSPORTATION PLANNING AND RESEARCH CENTRE (NATPAC),K. KARUNAKARAN TRANSPARK, THURUVIKKAL P.O, AKKULAM, THIRUVANANTHAPURAM 695 031,REPRESENTED BY ITS DIRECTOR, PIN - 695031 4 STATE OF KERALA REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM.695001, PIN - 695001 OTHER PRESENT:
GOVERNMENT PLEADER SRI. BIJOY CHANDRAN FOR R4 STANDING COUNSEL SRI. P.C. SASIDHARAN ADV. SRI. RIJI RAJENDRAN FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.12.2022, ALONG WITH WA.936/2022, 912/2022 AND OTHER CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING::3:
Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 WA NO. 936 OF 2022 AGAINST THE JUDGMENTWP(C) 29452/2019 OF HIGH COURT OF KERALA APPELLANT/S:
1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004.
2 THE MEMBER SECRETARY, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTHRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004.
BY ADV P.C.SASIDHARAN, SC, KSCSTE RESPONDENT/S:
1 DR. DINESAN V.P.
AGED 60 YEARS
S/O.LATE.V.P.BALAN, (RETIRED SENIOR PRINCIPAL SCIENTIST AND HEAD -GEOMATICS DIVISION, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM .P.O, KOZHIKODE 673571) RESIDING AT AMBADI HOUSE, CHALILPURAYIL PARAMBA, NEAR CWRDM CAMPUS, KOTTAMPARAMBA.P.O, KOZHIKODE 673008 2 DR.MADHAVAN K AGED 59 YEARS S/O.KANARAN K(SCIENTIST, WATER QUALITY DIVISION, CENTRE FOR WATER RESOURCES :4: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE673571) RESIDING AT SNEHAM, JAWAHAR HOUSING COLONY, CHERINCHAL, KARANTHUR .P.O, KUNNAMANGALAM,KOZHIKODE-673 571 3 JAYAKUMAR P AGED 58 YEARS S/O.LATE R.PUSHKARAN, (SENIOR PRINCIPAL SCIENTIST AND HEAD- ENVIRONMENT AND CLIMATE CHANGE STUDIES DIVISION, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE -673571) RESIDIN GAT SAIKRIPA, NTMC ROAD, (LANE II) KAVOOR, KOZHIKODE 673017 4 P.K.ABDULLA AGED 59 YEARS S/O.LATE P.K.HUSSAIN (SENIOR PRINCIPAL SCIENTIST, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT(CWRDM) KUNNAMANGALAM.P.O, KOZHIKODE- 673571) RESIDING AT LAIL, PARAPPAMMAL ROAD, KARANTHOOR.P.O, KUNNAMANGALAM, KOZHIKODE 673671 5 C.DINIL SONY AGED 55 YEARS S/O.LATE CHATHAN, (SENIOR PRINCIPAL SCIENTIST AND HEAD-SURFACE WATER DIVISION, CENTRE FOR WATER W.P.(C) NO.30688 OF 2019 & CON.CASES. -7- RESOURCES DEVELOPMENT AND MANAGEMENT CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE-673571) RESIDING AT LINUS, KALPETTA NORTH, WAYANAD-673122 6 DR.CELIN GEORGE, AGED 55 YEARS D/O.C.J.GEORGE, (PRINCIPAL SCIENTIST AND HEAD, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT SUB CENTRE (CWRDM), MANIMALAKUNNU, OLIYAPPURAM.P.O, KOOTHATTUKULAM 686662) RESIDING AT PULICKAL HOUSE, POLICE QUARTERS, KOOTHATTUKULAM.P.O, ERNAKULAM-686662 7 DR.MADHAVAN CHANDRAN K AGED 59 YEARS, S/O.LATE DR.N.MOHANDAS, (SENIOR PRINCIPAL SCIENTIST AND HEAD-WATER MANAGEMENT (AGRICULTURE) DIVISION, WATER QUALITY DIVISION, CENTRE FOR WATER RESOURCES DEVELOPMENT MANAGEMENT AND (CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE-673571) :5: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 RESIDING AT ANUGRAH, NEAR KOLLANKOTTE SRI AYYAPPA TEMPLE, KAVU, CHEVAYUR, KOZHIKODE-673017 8 BABU MATHEW, AGED 58 YEARS S/O.LATE MATHAI, (SENIOR PRINCIPAL SCIENTIST, CENTRE FOR WATER RESOURCES DEVELOPMENT MANAGEMENT (CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE 673571) RESIDING AT 32/482 A AILAPURATH, BHARATHAN BAZAR, CHELAVOOR.P.O, KOZHIKODE 673571 9 DR.GEORGE ABE AGED 58 YEARS S/O.P.V.ABRAHAM, (CHIEF SCIENTIST AND HEAD, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT SUB CENTRE (CWRDM), KOTTAYAM 686001) RESIDING AT PUTHENPURACKAL, KUMMANAM, KOTTAYAM-
686001
10 SUSHANTH C.M
AGED 58 YEARS S/O.LATE C.M.INDRAN, (SENIOR PRINCIPAL SCIENTIST, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM.P.O,M KOZHIIKODE 673571) RESIDING AT 7D, BRIDGE TOWER APARTMENTS, NADAKAVU P.O, KOZHIKODE-673 011 11 VIJAYAKUMAR.M.P AGED 60 YEARS S/O.LATE DHAMODHARAN NAIR, (ASSISTANT REGISTRAR, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE673571) RESIDING AT VISHAKH, KOTTAMPARAMBA.P.O, KOZHIKODE673008 12 CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT
- CWRDM KUNNAMANGALAM, KOZHIKODE 673 571 REPRESENTED BY ITS EXECUTIVE DIRECTOR 13 STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE , THIRUVANANTHAPURAM 695 001 BY ADVS.
SRI.THAMPAN THOMAS B.V.JOY SANKAR SRI.ANOOP P.V., SC, CWRDM :6: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.12.2022, ALONG WITH WA.1571/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:7:Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 WA NO. 912 OF 2022 AGAINST THE ORDER/JUDGMENTWP(C) 13364/2021 OF HIGH COURT OF KERALA APPELLANT/S:
1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004.
2 THE MEMBER SECRETARY, KERALA STATE COUNCIL FOR SASTHRA SCIENCE, TECHNOLOGY AND ENVIRONMENT, BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004.
BY ADV P.C.SASIDHARAN, SC, KSCSTE RESPONDENT/S:
1 DR.RAGHUNADHAN C.
AGED 60 YEARS
S/O. LATE M.K PANICKER, (RETIRED DEPUTY REGISTRAR GRADE II, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673 571) RESIDING AT LAVANYAM, CHEVARAMBALAM P.O, KOZHIKODE -673 017 2 CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, - CWRDM KUNNAMANGALAM, KOZHIKODE 673 571 REPRESENTED BY ITS EXECUTIVE DIRECTOR :8: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 3 STATE OF KERALA REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM- 695 001 BY ADVS.
SRI.THAMPAN THOMAS B.V.JOY SANKAR SRI.ANOOP P.V., SC, CWRDM BY GOVERNMENT PLEADER SRI, BIJOY CHANDRAN FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.12.2022, ALONG WITH WA.1571/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:9:Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 WA NO. 914 OF 2022 AGAINST THE ORDER/JUDGMENTWP(C) 30643/2019 OF HIGH COURT OF KERALA APPELLANT/S:
1 KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004.
2 THE MEMBER SECRETARY KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTHRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004.
BY ADV P.C.SASIDHARAN, SC, KSCSTE RESPONDENT/S:
1 DR.KAMALAKSHAN KOKKAL
AGED 59 YEARS
S/O.LATE KUNHAMBU K., (CHIEF SCIENTIST AND HEAD (CED), KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004), RESIDING AT NIRA100, NARAYANEEYAM, NIRMALA GARDENS, NALANCHIRA P.O., THIRUVANANTHAPURAM-695013.
2 DR.AJITH PRABHU V.
AGED 55 YEARS
S/O.A.V.PRABHU, (CHIEF SCIENTIST AND HEAD (TDPMD), :10: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004), RESIDING AT 6-J, SREE DHANYA PLANET-X, BLOCK-B, ELAMKULAM, PONGUMMOODU,MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011.
3 DR.HARINARAYANAN P.
AGED 46 YEARS
S/O.MELOTH NARAYANAN NAMBIAR, (PRINCIPAL SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004), RESIDING AT MADHAVIPURAM, KANATHUR P.O., MULIYAR VIA, KASARAGOD-671542.
4 DR.K.R.LEKHA
AGED 55 YEARS
D/O.LATE K.KRITHIVASAN UNNITHAN, (SENIOR PRINCIPAL SCIENTIST AND HEAD, WOMEN SCIENTIST DIVISION, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004), RESIDING AT SRA 170-A, DWARAKA, ANCHUMUKKU, MUTTADA P.O.
THIRUVANANTHAPURAM-695025.
5 DR.ANILKUMAR E.S.
AGED 56 YEARS
S/O.P.SUKUMARAN UNNITHAN, (SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRE BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004), RESIDING AT TC 6/517 (2), KRISHNAKRIPA, MNRA-45 C, MITHRA NAGAR, ARAPPURA ROAD, VATTIYOORKAV P.O., THIRUVANANTHAPURAM-13.
6 DR.VIJAYAKUMAR K.
AGED 54 YEARS
S/O.G.KUNJURAMAN PILLAI, (SENIOR SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004), RESIDING AT T.C.22/745 (1), ATTUKAL, MANACAUD P.O., THIRUVANANTHAPURAM- 695009.
:11:Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 7 DR.ANILKUMAR C.
AGED 53 YEARS S/O. CHELLAPPAN PILLAI K., (SENIOR PRINCIPAL SCIENTIST, HEAD, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND BHAVAN, ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004), RESIDING AT HOUSE NO.21, MONI ENCLAVE, KACHANI SCHOOL JUNCTION, KARAKULAM P.O., THIRUVANANTHAPURAM-695564.
8 BINUJA THOMAS
AGED 43 YEARS
D/O.K.L.THOMAS, (PRINCIPAL SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004), RESIDING AT FLAT NO.7 CE, SOWPARNIKA SHIRDI TOWERS, MUKKOLA, MANNATHALA, THIRUVANANTHAPURAM - 695 043.
9 DR.SARIKA A.R.
AGED 38 YEARS
D/O.K.RAJENDRAN, (SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695
004), RESIDING AT AYILLIAM, VENGANOOR P.O., THIRUVANANTHAPURAM - 695 523.
10 STATE OF KERALA REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
BY ADVS.SRI.THAMPAN THOMAS B.V.JOY SANKAR BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN FOR R10 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.12.2022, ALONG WITH WA.1571/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:12:Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 WA NO. 1501 OF 2022 AGAINST THE ORDER/JUDGMENTWP(C) 13364/2021 OF HIGH COURT OF KERALA APPELLANT/S:
DR. RAGHUNADHAN C,AGED 61 YEARS S/O. LATE M.K. PANICKER, AGED 61 YEARS, (RETIRED DEPUTY REGISTRAR GRADE II, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673 571) RESIDING AT LAVANYAM , CHEVARAMBALAM P.O, KOZHIKODE 673 017, PIN - 673017 BY ADV THAMPAN THOMAS RESPONDENT/S:
1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY & ENVIRONMENT, REPRESENTED BY EXECUTIVE VICE PRESIDENT,SASTHRA BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM.695004., PIN - 695004 2 THE MEMBER SECRETARY SASTHRA BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM.695004., PIN - 695004 3 CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, REPRESENTED BY ITS EXECUTIVE DIRECTOR KUNNAMANGALAM, KOZHIKODE 673 571., PIN - 673571 :13: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 4 STATE OF KERALA REPRESENTED BY SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM.695001, PIN - 695001 BY ADVS.P.C.SASIDHARAN (B/O) SRI.ANOOP P.V., SC, CWRDM THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.12.2022, ALONG WITH WA.1571/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING::14:
Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 WA NO. 1547 OF 2022 AGAINST THE ORDER/JUDGMENTWP(C) 30688/2019 OF HIGH COURT OF KERALA APPELLANT/S:
1 DR. U.M. CHANDRASHEKARA
AGED 62 YEARS
S/O. MANJUNATHA, (SENIOR PRINCIPAL SCIENTIST, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680 653) RESIDING AT UCHANGI P.O, 573 137, HASSAN DISTRICT, KARNATAKA, PIN - 573137 2 DR. E.M. MURALIDHARAN AGED 61 YEARS S/O. K.O. MADHAVAN NAMBIAR,SENIOR PRINCIPAL SCIENTIST, BIOTECHNOLOGY DEPARTMENT, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680 653) RESIDING AT ABHILASH, MELUR, PALAYAD P.O, THALASSERY 670661. , PIN - 670661 3 DR. SUJATHA M.P AGED 61 YEARS D/O.M.V. NAMBOODRIPAD ,SENIOR PRINCIPAL SCIENTIST & HEAD, SOIL SCIENCE DEPARTMENT, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680 653) RESIDING AT A3,MRG SREEVALSAM APARTMENT, THIRUVAMPADI, THRISSUR 680 022., PIN - 680022 4 RAVEENDRAN V.P,AGED 61 YEARS S/O. ANANDAN E,(SENIOR SCIENTIST) KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680 653) RESIDING AT III/13 KFRI QUARTERS, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680 653) :15: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 PIN - 680653 5 DR. K.V. MOHAMMED KUNHI AGED 58 YEARS S/O. K.V. ABOOBACKER HAJI, (PRINCIPAL SCIENTIST & PROGRAMME COORDINATOR, EXTENSION & TRAINING DIVISION, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680 653) RESIDING AT FAHMAS, KRISHI BHAVAN ROAD, KOZHIKODE 673 633., PIN - 673633 6 GRACE ANDREWS AGED 60 YEARS D/O. LATE C.P. ANDREWS, (PA TO DIRECTOR, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680
653) RESIDING AT AG 50, ANUGRAHA, ALUKKAS GARDEN, NELLIKKUNNU, THRISSUR -5.
7 P.A. JOSE
AGED 58 YEARS
S/O. P.V. ANTONY, (PRINCIPAL SCIENTIST, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680
653) RESIDING AT PANIKULANGARA HOUSE, THACHAMPILLY ROAD, P.O VELUTHUR, THRISSUR 680 012.
8 DR. K.F. GEORGE
AGED 58 YEARS
S/O. FRANCIS K.P, (SENIOR SCIENTIST, LIBRARY & INFORMATION, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680 653) RESIDING AT KAKKANATT HOUSE, MADAKKATHARA P.O, WEST VELLANIKKARA, THRISSUR 680 651.
9 DR. V. ANITHA
AGED 53 YEARS
D/O. M.V. NAIR, (PRINCIPAL SCIENTIST, FOREST ECONOMICS DEPARTMENT, FORESTRY AND HUMAN DIMENSIONS PROGRAMME DIVISION, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680 653) RESIDING AT AASHIRWAD, PLOT NO. 110, PRIYADARSHINI NAGAR, PARAVATTANI, EAST FORT P.O, THRISSUR 68 0 005.
10 DR. T.V. SAJEEV
AGED 53 YEARS
S/O. T.N. VELAYUDHAN, (PRINCIPAL SCIENTIST & RESEARCH COORDINATOR, HEAD DEPARTMENT OF ENTOMOLGY, :16: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680 653) RESIDING AT THAVALATHADATHIL, VADAVUCODE P.O, ERNAKULAM 682 310., PIN - 682310 11 DR. SUMA ARUN DEV AGED 51 YEARS D/O. T.V. BHASKARAN, (SENIOR SCIENTIST, FOREST GENETICS & BIOTECHNOLOGY DIVISION, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680 653) RESIDING AT FLAT NO. 9 C, ASHIYAANA - DEVDATHAM, PALIYAM ROAD, THRISSUR 680 001., PIN - 680001 12 DR. P. SUJANAPAL AGED 47 YEARS S/O. T,V, NARAYANAN, (SCIENTIST, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680 653) RESIDING AT PUTHIYAPURAYIL HOUSE, THADIKKADAVU P.O, KANNUR 670 581., PIN - 670581 13 DR. JAYARAJ R AGED 45 YEARS S/O. P.K. RAVINDRAN, (SCIENTIST, FE & BC DIVISION, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR 680 653) RESIDING AT JAYABHAVAN, THURUTHY P.O, CHANGANACHERRY, KOTTAYAM 686 535., PIN - 686535 BY ADV THAMPAN THOMAS RESPONDENT/S:
1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY & ENVIRONMENT REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM.695004., PIN
- 695004 2 THE MEMBER SECRETARY KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT, SASTHRA BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM.695004, PIN - 695004 :17: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 3 KERALA FOREST RESEARCH INSTITUTE, PEECHI THRISSUR. PIN.680653, REPRESENTED BY ITS DIRECTOR.
PIN - 680653
4 STATE OF KERALA
REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM.695001., PIN - 695001 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.12.2022, ALONG WITH WA.1571/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING::18:
Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 WA NO. 1550 OF 2022 AGAINST THE ORDER/JUDGMENTWP(C) 30643/2019 OF HIGH COURT OF KERALA APPELLANT/S:
1 DR. KAMALAKSHAN KOKKAL
AGED 62 YEARS
(CHIEF SCIENTIST & HEAD (CED), KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004) RESIDING AT NIRA -100, NARAYANEEYAM, NIRMALA GARDENS, NALANCHIRA P.O, THIRUVANANTHAPURAM 695 013.
2 DR. AJITH PRABHU V
AGED 58 YEARS
(CHIEF SCIENTIST & HEAD (TDPMD), KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004) RESIDING AT 6-J, SREE DHANYA PLANET -X, BLOCK -B, ELAMKULAM, PONGUMMOODU, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM 695 011., PIN - 695011 3 DR. HARINARAYANAN P AGED 49 YEARS (PRINCIPAL SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004) RESIDING AT MADHAVIPURAM, KANATHUR P.O, MULIYAR VIA, KASARAGOD 671 542, 4 DR. K.R. LEKHA AGED 58 YEARS :19: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 (SENIOR PRINCIPAL SCIENTIST & HEAD, WOMEN SCIENTIST DIVISION, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004) RESIDING AT SRA 170-A, DWARAKA, ANCHUMUKKU, MUTTADA P.O, THIRUVANANTHAPURAM 695 025 5 DR. ANILKUMAR E.S AGED 59 YEARS (SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004), RESIDING AT TC 6/517 (2), KRISHNAKRIPA, MNRA-45 C, MITHRA NAGAR, ARAPPURA ROAD, VATTIYOORKAV P.O, THIRUVANANTHAPURAM
-13, PIN - 695013 6 DR. VIJAYAKUMAR K AGED 57 YEARS (SENIOR SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004), RESIDING AT T.C. 22/745 (1), ATTUKAL, MANACAUD P.O, THIRUVANANTHAPURAM - 695 009.
7 DR. ANILKUMAR C
AGED 56 YEARS
(SENIOR PRINCIPAL SCIENTIST, HEAD, SCIENCE EDUCATION DIVISION, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004) RESIDING AT HOUSE NO. 21, MONI ENCLAVE, KACHANI SCHOOL JUNCTION, KARAKULAM P.O, THIRUVANANTHAPURAM - 695 564 8 BINUJA THOMAS,AGED 46 YEARS (PRINCIPAL SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004) RESIDING AT FLAT NO. 7 CE, SOWPARNIKA SHIRDI TOWERS, MUKKOLA, MANNATHALA, THIRUVANANTHAPURAM 695 043.
9 DR. SARIKA A.R
AGED 41 YEARS
(SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, :20: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 TECHNOLOGY & ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004) RESIDING AT AYILLIAM, VENGANOOR P.O, THIRUVANANTHAPURAM 695 523. BY ADV THAMPAN THOMAS RESPONDENT/S:
1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY & ENVIRONMENT REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM.695004., PIN
- 695004 2 THE MEMBER SECRETARY KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT, SASTHRA BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM.695004.
3 STATE OF KERALA REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM.695001.
STANDING COUNSEL SRI. P.C. SASIDHARAN GOVERNMENT PLEADER SRI. BIJOY CHANDRAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.12.2022, ALONG WITH WA.1571/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:21:Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 WA NO. 1552 OF 2022 AGAINST THE ORDER/JUDGMENTWP(C) 29452/2019 OF HIGH COURT OF KERALA APPELLANT/S:
1 DR. DINESAN V.P
AGED 63 YEARS
(RETIRED SENIOR PRINCIPAL SCIENTIST AND HEAD - GEOMATICS DIVISION, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673 571) RESIDING AT AMBADI HOUSE, CHALILPURAYIL PARAMBA, NEAR CWRDM CAMPUS, KOTTAMPARAMBA P.O, KOZHIKODE 673 008., PIN - 673008 2 DR. MADHAVAN K AGED 62 YEARS (SCIENTIST, WATER QUALITY DIVISION, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673 571) RESIDING AT SNEHAM, JAWAHAR HOUSING COLONY, CHERINCHAL, KARANTHUR P.O, KUNNAMANGALAM, KOZHIKODE 673 571., PIN - 673571 3 JAYAKUMAR P AGED 61 YEARS (SENIOR PRINCIPAL SCIENTIST & HEAD - ENVIRONMENT AND CLIMATE CHANGE STUDIES DIVISION, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673 571) RESIDING AT SAIKRIPA, NTMC ROAD, (LANE II) KAVOOR, KOZHIKODE 673 017., PIN - 673017 :22: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 4 P.K. ABDULLA AGED 62 YEARS (SENIOR PRINCIPAL SCIENTIST, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673 571) RESIDING AT LAIL, PARAPPAMMAL ROAD, KARANTHOOR P.O, KUNNAMANGALAM, KOZHIKODE 673 671., PIN - 673671 5 C. DINIL SONY AGED 58 YEARS (SENIOR PRINCIPAL SCIENTIST AND HEAD - SURFACE WATER DIVISION, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673 571) RESIDING AT LINUS, KALPETTA NORTH, WAYANAD 673 122., PIN - 673122 6 DR. CELINE GEORGE AGED 58 YEARS PRINCIPAL SCIENTIST AND HEAD, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT SUB CENTRE (CWRDM), MANIMALAKUNNU, OLIYAPPURAM P.O, KOOTHATTUKULAM 686 662) RESIDING AT PULICKAL HOUSE, NEAR POLICE QUARTERS, KOOTHATTUKULAM P.O, ERNAKULAM 686 662., PIN - 686662 7 DR. MADHAVA CHANDRAN K AGED 62 YEARS, SENIOR PRINCIPAL SCIENTIST AND HEAD - WATER MANAGEMENT (AGRICULTURE) DIVISION, WATER QUALITY DIVISION, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673 571) RESIDING AT ANUGRAH, NEAR KOLLANKOTTE SRI AYYAPPA TEMPLE, KAVU, CHEVAYUR, KOZHIKODE 673 017., PIN - 673017 8 BABU MATHEW AGED 61 YEARS, (SENIOR PRINCIPAL SCIENTIST, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673 571) RESIDING AT 32/482 A, AILAPURATH, BHARATHAN BAZAR, CHELAVOOR P.O, KOZHIKODE 673 571., PIN - 673571 9 DR. GEORGE ABE,AGED 61 YEARS (CHIEF SCIENTIST AND HEAD, , CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT SUB CENTRE (CWRDM), KOTTAYAM 686 001) RESIDING AT :23: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 PUTHENPURACKAL, KUMMANAM, KOTTYAM 686 001., PIN -
686001
10 SUSHANTH C M, AGED 61 YEARS
(SENIOR PRINCIPAL SCIENTIST, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673 571) RESIDING AT 7D, BRIDGE TOWER APARTMENTS, NADAKAVU P.O, KOZHIKODE 673 011, PIN - 673011 11 VIJAYAKUMAR M.P,AGED 63 YEARS (ASSISTANT REGISTRAR, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673 571) RESIDING AT VISHAKH, KOTTAMPARAMBA P.O, KOZHIKODE 673 008., PIN - 673008 BY ADV THAMPAN THOMAS RESPONDENT/S:
1 KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT KSCSTE REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM 695004.
2 THE MEMBER SECRETARY KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTHRA BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM.695004.
3 CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM, KOZHIKODE 673 571.REPRESENTED BY ITS EXECUTIVE DIRECTOR.,PIN - 673571 4 STATE OF KERALA REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM.695001., PIN - 695001 BY ADV SRI.ANOOP P.V., SC, CWRDM THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.12.2022, ALONG WITH WA.1571/2022 AND OTHER CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:24:Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ ............................................................
Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 ..................................................................
Dated this the 6th day of December, 2022 JUDGMENT A.K.Jayasankaran Nambiar, J.
All these appeals impugn a common judgment dated 13-5-2022 of the learned Single Judge in Writ Petition Nos. 30688 of 2019 and connected cases. The appeals have been preferred by both, the writ petitioners and the respondents -Kerala State Council for Science, Technology and Environment ( for short "KSCSTE" ), on different aspects of the common judgment.
2. The brief facts necessary for the disposal of these writ appeals are as follows:
The Writ Petitioners were Scientists working in the Kerala State Council for Science, Technology and Environment , which is an autonomous body under the Department of Science and Technology, governed by the KSCSTE Service Rules and Regulations. In the Writ Petitions, their challenge :25: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 was against the amendment brought about to the service Rules vide an order dated, 16-08-2019 that had the effect of imposing a ceiling limit on the amount of gratuity payable to the employees on their retirement. It was the contention of the writ petitioners that at the time of joining the establishment, the Rules in force contemplated the payment of gratuity at the rate of half month emolument for the number of years of service put in by the employee and did not provide for any ceiling on the payment of gratuity. Apparently, it was this clause in the Rules that was later amended by the order impugned in the writ petitions to hold that there would, thereafter, be a ceiling limit as prescribed by the Government from time to time, governing the entitlement to gratuity of a person retiring from the establishment. The amendment was impugned, inter alia, on the ground that the required procedure prescribed under the Rules of the Council had not been followed while amending the Rule and further, that in as much as the establishment in question was one that was covered under the Payment of Gratuity Act, the employees retiring from the establishment could not be denied gratuity lower than what was contemplated under the Payment of Gratuity Act.
3. The learned Single Judge, who considered the Writ Petitions found that the contention regarding non-compliance with the Rules for the purposes of amending the provision regarding gratuity, could not be accepted and found that the order amending Clause 14 was passed in strict compliance with the procedure prescribed in Clause 19 of the Rules. The :26: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 challenge to the amendment on the ground of non-compliance with the stipulated procedure was, therefore, found to be baseless.
4. The learned Single Judge, thereafter, proceeded to consider the judgment of this Court in Writ Appeal No. 1 of 2015 to hold that the contention of the writ petitioners that the amendment was brought about on the direction of the Government also could not be legally countenanced and the amendment was not vitiated on that ground either. The learned Judge, however, proceeded to quash the impugned order of the learned counsel dated 16-08-2019 that brought about the amendment to the Rules on the ground that the amendment was not in conformity with the provisions of the Payment of Gratuity Act. The learned Single Judge found that since the impugned amendment had the effect of limiting the gratuity payable to the writ petitioners to an amount less than what they were entitled to in terms of Section 4 (3) of the Payment of Gratuity Act, the amendment was illegal and unsustainable.
5. Before us, it is the submission of Sri. Thampan Thomas, learned counsel appearing on behalf of the appellant in Writ Appeal Nos. 1501/2022, 1547/2022, 1552/2022 and 1571/2022, that the learned Single Judge erred in limiting the benefit available to the writ petitioners to the one flowing from Section 4 (3) of the Payment of Gratuity Act. It is his specific contention that since the learned Single Judge had quashed the order of the Council that :27: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 amended the Rules, it was the un-amended Rules that had to be seen to be in force and governing the payment of gratuity to the writ petitioners who had retired from the service of the establishment. It is his contention that since the amounts that would have been payable to the writ petitioners under the un-amended Rules would have been greater than the amounts payable in terms of Section 4 (3) of the Payment of Gratuity Act, the higher amount as envisaged in terms of Section 4 (5) of the Payment of Gratuity Act had to be payable to the writ petitioners, based on the provisions of the un-amended service Rules. Alternatively, it is also his contention that even if the amendment is legally sustained, the gratuity amount payable to the writ petitioners must be in accordance with the Rules that were prevailing at the time of their entry into service, which in the instant case was the un-amended Rules.
6. Per contra, it is the contention of Sri.P.C. Sasidharan, learned Standing Counsel appearing for the Kerala State Council for Science, Technology and Environment in Writ Appeal Nos. 912/2022, 914/2022 and 936/2022 that the learned Single Judge erred in quashing the order dated 16-08-2019 of the Council which brought about the amendment to the KSCSTE Service Rules and Regulations. It is his contention that after having found that the procedure followed by the Council to amend the service Rules was legal and proper and further, that it was not on the dictates of the Government, the learned Judge could not have quashed the said order :28: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 amending the Rules on the specious plea that the amended Rules did not conform to the provisions of the Payment of Gratuity Act. It is his specific contention that even assuming, without admitting, that the provisions of the Payment of Gratuity Act applied to the employees of the establishment, there was no requirement that the alternate service Rules, if available, and providing for gratuity to its employees had necessarily to be in conformity with the provisions of the Payment of Gratuity Act. The contention, in other words, is that the provisions of Section 4(5) of the Payment of Gratuity Act apply only when the employee in question is offered better terms of gratuity than what is envisaged under the Payment of Gratuity Act, under any award or agreement or contract with the employer.
7. On a consideration of the rival submissions and the pleadings before us, we are of the view that for the reasons that are to follow the Writ Appeal Nos. 912, 910 and 936 of 2022 have to be allowed and Writ Appeal Nos. 1501/2022, 1547/2022, 1552/2022 and 1571 of 2022 have to fail.
8. On the issue of whether the provisions of the Payment of Gratuity Act, 1972 would apply to the Kerala State Council for Science, Technology and Environment and its constituent institutions, that was raised by the learned counsel Sri. P.C.Sasidharan, we find that by notification S.O.
2218 dated 20-08-1997 issued by the Central Government in exercise of the powers conferred under Section 1 (3)(c) of the Payment of Gratuity Act, the :29: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 trusts or societies registered under the Societies Registration Act, 1860 or under any other law with respect to society for the time being in force in any State, in which ten or more persons are employed or were employed for wages on any day of the preceding 12 months , are notified as a class of establishment to which the provisions of the Act would apply. In the light of the said notification, and the fact that the Kerala State Council for Science Technology and Environment is a society that is registered in terms of the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955, the applicability of the Payment of Gratuity Act, 1972 to the said establishment and its constituent entities cannot be in doubt. At any rate, this issue was never in dispute before the learned Single Judge at the time of deciding the Writ petition. We , therefore, proceed on the basis that the provisions of the Payment of Gratuity Act, 1972 apply to Kerala State Council for Science Technology and Environment and would govern the payment of gratuity to the writ petitioners in the absence of any other award or agreement or contract that entitles the petitioners to better terms of gratuity.
9. This brings us to the question as to whether there were any better terms of gratuity available to the petitioners in the instant case,. As already noticed, as per clause 14 of the un-amended service Rules of the establishment, the gratuity amount to which the employees were entitled to was an amount computed at the rate of half months emoluments which the :30: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 employee drew last , for each completed year of service that qualified for gratuity provided such employee had rendered not less than 5 years of service in the council or any of the centers under the Council . The said provision also made it clear that for computing half months emoluments 26 days would be reckoned as a month and the amounts payable would be calculated as per the formula provided in the said Rules. More importantly, under the said Rules there was no prescription of any ceiling on the maximum amount that would be payable to an employee by way of gratuity. The Rules were amended with effect from 16-08-2019 through the issuance of the order that was impugned in the writ petitions. The said order having been upheld by the learned single judge on the ground that there was no procedural flaw in the passing of the said order, and the consequential amendment to the Rules having been found legal, we find that it would be the amended Rules that have to govern the case of the writ petitioners in the matter of payment of gratuity. We say so because we are of the view that it is the Rules prevailing on the date of retirement of the employee that would govern his/her entitlement for gratuity and not the Rule that was in force at the time of joining the service from which he/she eventually retired. Under the amended Rules, the writ petitioners would get an amount that is significantly less than what they would otherwise get under Section 4 (3) of the Payment of Gratuity Act. In such a situation, the provisions of Section 4 (5) of the Payment of Gratuity Act can have no application. The writ petitioners will be entitled to the gratuity computed in terms of Section 4(3) of the payment of Gratuity Act, subject of course to the :31: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 ceiling contemplated under the said Act.
10. As regards, the challenge in the Writ Appeals preferred by the Kerala State Council for Science, Technology and Environment, we are of the view that, having found that the amendment of the service Rules was valid in that it did not suffer from any procedural violation and further that it was not an amendment brought about on the dictates of the Government, it was not open to the learned Single Judge to quash the council order that brought about the amendment on the specious plea that the amendment did not conform to the provisions of the Payment of Gratuity Act and the ceiling limit prescribed therein.
11. The provisions of Section 4 (5) of the Payment of Gratuity Act come into play only in a situation where the service Rules pertaining to a particular establishment offers better terms of gratuity to its employees than what is contemplated under the Payment of Gratuity Act. In situations where the service Rules pertaining to an establishment do not offer better terms of gratuity to an employee in the establishment, that is covered by the Payment of Gratuity Act, the establishment cannot be forced to amend their service rules to make the gratuity provision at par with the provisions of the Payment of Gratuity Act. The guarantee of a minimum amount of gratuity, to employees of establishments coming under the coverage of the Payment of Gratuity Act, is provided by S.4 (3) of the Act itself. Since the establishment in the instant :32: Writ Appeal Nos. 1547, 1571, 1552, 1550 of 2022 & 936 of 22, 912 of 2022 & 914 of 2022 case came under the coverage of the Act, there was no requirement for the learned single judge to quash the order that brought about the amendment solely because it did not conform to the provisions of the Act. We, therefore, deem it appropriate to the vacate the said finding of the learned Single Judge in the impugned judgment and uphold the amendment of the Rules in its entirety. The gratuity amounts, in accordance with Section 4 (3) of the Payment of Gratuity Act if any, remaining unpaid to the writ petitioners shall be paid to them within a period of three months from the date of receipt of a copy of this judgment.
In the result, Writ Appeal Nos. 912, 910 and 936 of 2022 are allowed and Writ Appeal Nos. 1501/2022, 1547/2022, 1552/2022 and 1571 of 2022 are dismissed.
Sd/-A.K.JAYASANKARAN NAMBIAR, JUDGE Sd/- MOHAMMED NIAS C.P., JUDGE ani/ /true copy/ 7/12/2022