Anbalagan.C vs Kerala State Council For ...
2023 Latest Caselaw 8857 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                    WP(C) NO.15636 OF 2020
PETITIONERS:

    1      ANBALAGAN.C., AGED 65 YEARS
           236, 1 AAYILAM, 11 KANJIKKAL, MALAPARIKKONAM,
           POWDIKONAM P.O., ULIYAZHATHURA,
           THIRUVANANTHAPURAM, KERALA-695 587
    2      AJITHKUMAR.V., TC 36/507, PANKAJ, PALLKULANGARA,
           VALLAKADAVU, KERALA-695 008
           BY ADV.CYRIAC TOM


RESPONDENTS:

    1      KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY &
           ENVIRONMENT REPRESENTED BY ITS EXECUTIVE VICE
           PRESIDENT, SASTHRA BHAVAN,   PATTOM P.O.,
           THIRUVANANTHAPURAM-695 004
    2      THE MEMBER SECRETARY, KERALA STATE COUNCIL FOR
           SCIENCE, TECHNOLOGY AND ENVORINMENT, SASTHRA
           BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004
    3      NATIONAL TRANSPORATION PLANNING AND RESEARCH
           CENTRE (NATPAC) REPRESENTED BY ITS REGISTRAR,
           SASTHRA BHAVAN, PATTOM P.O.,
           THIRUVANANTHAPURAM-695 004
    4      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT,
           THIRUVANANTHAPURAM-695 001
           BY ADVS.
           SRI.P.C.SASIDHARAN, SC, KSCSTE
           SRI.B.S.SYAMANTHAK
           SMT.BINDUMOL JOSEPH
           ADV.RIJI RAJENDRAN
           SRI.V.S.SREEJITH, GOVERNMENT PLEADER

     THIS WRIT PETITION        (CIVIL) HAVING COME UP       FOR
ADMISSION ON 14.08.2023,       THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15636 of 2020                       2




                                     JUDGMENT

The petitioners retired from the service of

the 3rd respondent on 30.04.2014. They are

aggrieved by the refusal to pay the entire

gratuity amount based on Ext.P6 order imposing the

ceiling limit on the amount payable as gratuity.

The petitioners were paid only an amount of Rupees

Ten lakhs towards gratuity. According to the

petitioners, there cannot be any ceiling to the

gratuity payable in respect of employees under the

1st respondent. The learned counsel for the

petitioners relies on Exts.P7 & P8 judgments of

this Court in support of his contentions.

Paragraphs 2 & 3 of Ext.P8 judgment read as

follows:

"2. The question relating to payment of

gratuity to the employees in the Institution under the KSCSTE is covered by judgment in WP(C).No.2241 of 2012, dated which 12.11.2014 was affirmed in by Division Bench in its judgment dated 01.10.2013 in W.A.No.1 of 2015 and it was found that there would not be any ceiling for payment of gratuity to the employees in the Institution under the KSCSTE. This Court has interpreted the provisions contained in Rule 14.1 of the KSCSTE Service Rule, according to which there is no ceiling and it was found that Government has no authority to issue any direction relating to the payment of gratuity to the employees in the Institution under the KSCSTE.

3. In the light of these judgments petitioners, who retired from service, are entitled to payment of gratuity in accordance with the provisions contained in Rule 14.1 of the KSCSTE Service Rule, as it existed as on the date of their retirement."

3. In the light of the said decision, this

writ petition is disposed of directing the

respondents to disburse the petitioners the

balance gratuity amount within a period of three

months from the date of receipt of a certified

copy of this judgment. The petitioners will also

be entitled for interest at the rate of 10% per

annum on the balance amount of gratuity with

effect from the date of expiry of two months from

the respective date of their retirement.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/16/08/2023

APPENDIX

PETITIONERS' EXHIBITS:-

EXHIBIT P1 COPY OF THE SUPERANNUATION ORDER OF THE 1ST PETITIONER DATED 30 APRIL 2014 EXHIBIT P1A COPY OF THE SUPERANNUATION ORDER OF 2ND PETITIONER DATED 30 APRIL 2014 EXHIBIT P2 COPY OF THE RELEVANT PAGES OF RULE 14.1 OF THE EMPLOYEES SERVICE RULED OF KSCSTE EXHIBIT P3 COPY OF THE RELEVANT PAGES OF RULE EXTRACT OF RULE 4 OF KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENTAL (KSCSTE) EMPLOYEES' RULES EXHIBIT P4 COPY OF THE RELEVANT PAGES OF RULE AND REGULATIONS OF THE 1ST RESPONDENT EXHIBIT P5 COPY OF THE ORDER NO.64/2010/KSCSTE DATED 21.05.2010 EXHIBIT P6 COPY OF THE ORDER NO.370/C5/2011/KSCSTE DATED 20.09.2011 EXHIBIT P7 COP OF JUDGMENT DATED 12.11.2014 IN WP9C0 NO.2241/2012.

EXHIBIT P8 COPY OF JUDGMENT DATED 21.11.2019 IN WPC NOS.6742,11286 AND 8673 OF 2019