Dr.Bejoy Mathew vs Kerala State Council For Science
2021 Latest Caselaw 13442 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
          MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                         WP(C) NO. 12115 OF 2019
PETITIONERS:


     1     DR.BEJOY MATHEW, AGED 60 YEARS, S/O. M. PAPPAN, (RETIRED
           PRINCIPAL SCIENTIST, JAWAHARLAL NEHRU TROPICAL BOTANIC
           GARDEN AND RESEARCH INSTITUTE, PALODE P.O,
           THIRUVANANTHAPURAM-695 562) RESIDING AT PARTHOOR, 56-YAMUNA
           COLONY, KUDAPPANAKUNNU P.O, THIRUVANANTHAPURAM-695 562.

     2     DR. P.K. SURESH KUMAR, AGED 61 YEARS,
           S/O. J. KRISHNAN NAIR, (RETIRED PRINCIPAL SCIENTIST,
           JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH
           INSTITUTE, PALODE P.O, THIRUVANANTHAPURAM-695 562),
           RESIDING AT KARUNYA, PMRA E8, KADUKKATHARA LANE,
           PAPPANAMCODE P.O, THIRUVANANTHAPURAM-695 018.

     3     DR. A.G. PANDURANGAN, AGED 60 YEARS, S/O.R.GOVINDASAMY,
           (RETIRED DIRECTOR, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN
           AND RESEARCH INSTITUTE, PALODE P.O, THIRUVANANTHAPURAM-695
           562), RESIDING AT FLAT NO. 8 BW, SHIRDI TOWERS, SOWPARNIKA
           PROJECTS, OPP. ST. THOMAS SCHOOL, MUKKOLAKKAL,
           THIRUVANANTHAPURAM-695 043.

           BY ADVS. SRI.THAMPAN THOMAS
                    SRI.B.V.JOY SANKAR, SC,


RESPONDENTS:


     1     KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT,
           REPRESENTED BY ITS MEMBER SECRETARY, SASTHRA BHAVAN,
           PATTOM P.O, THIRUVANANTHAPURAM-695 004.

     2     JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH
           INSTITUTE, PALODE P.O, THIRUVANANTHAPURAM 695 562,
           REPRESENTED BY ITS DIRECTOR.

     3     STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           DEPARTMENT OF SCIENCE AND TECHNOLOGY, SECRETARIAT,
           THIRUVANANTHAPURAM-695 001.

           BY ADVS.SRI. C.K.KARUNAKARAN - SC(R1 AND R2),
                   SRI. SUNIL KUMAR KURIAKOSE - GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12115 OF 2019
                                  -2-

                             JUDGMENT

Dated this the 28th day of June, 2021

Even though various allegations, averments and

assertions are made by the rival parties in this

case, the fact remains that a learned Division

Bench of this Court, in W.A.No.1 of 2015, has

answered all of them in favour of the petitioners

herein. I am also aware that this judgment was

attempted to be assailed before the Hon'ble

Supreme Court by one of the respondents, but same

was dismissed, affirming the same.

2. I further notice that another learned

Judge of this Court, in Ext.P5 judgment, has

followed the judgment of the learned Division

Bench and has allowed the said writ petition in

the case of the petitioner therein, who is

similarly placed as the petitioners herein.

3. The afore observations of mine have, in WP(C) NO. 12115 OF 2019

fact, been affirmed by Sri.Thampan Thomas -

learned counsel for the petitioners and not

seriously opposed by Sri.C.K.Karunakaran - learned

Standing Counsel appearing for respondents 1 and

2. The learned Senior Government Pleader, in fact,

agrees that the Hon'ble Supreme Court has approved

the judgment of this Court in W.A.No.1 of 2015.

4. Obviously, therefore, the petitioners

herein are also entitled to succeed; and I thus

deem it appropriate to allow this writ petition,

following the judgment of the learned Division

Bench, as also Ext.P5.

5. Resultantly, it is declared that

petitioners are entitled for gratuity without any

ceiling; and consequently, respondents 1 and 2 are

directed to pay eligible gratuity to them

following due procedure. It is, however, made

clear that if any amounts have already been paid

upto Rs.10,00,000/- by respondents 1 and 2, the WP(C) NO. 12115 OF 2019

balance alone will be paid in terms of this

judgment.

6. Sri.C.K.Karunakaran at this time,

submitted that the funds for honoring the

directions in this judgment will require to be

obtained from the Government by his clients and he

thus sought that they be granted at least six

months time to do so.

7. Though, in principle, I am persuaded to

accept Sri.C.K.Karunakaran's request, I do not

think that a period of six months would be

reasonable. I, therefore, fix the time frame for

complying with the directions in this judgment as

being four months from the date of its receipt.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN akv JUDGE WP(C) NO. 12115 OF 2019

APPENDIX OF WP(C) 12115/2019

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF RULE 14.1.

EXHIBIT P2 TRUE COPY OF THE RULE 4. EXTRACT OF RULE 4 OF KERALA STATE COUNCIL FOR SCIENCE , TECHNOLOGY AND ENVIRONMENT (KSCSTE) EMPLOYEES' RULES.

EXHIBIT P3 TRUE COPY OF THE EXTRACT OF RELEVANT PAGES RELATING TO PAYMENT OF GRATUITY OF THE RULES AND REGULATIONS OF THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE WORK SHEET OF GRATUITY PAID AND THE BALANCE DUE.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 01.06.2017

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE