Kerala High Court
K.J Mathew vs National Centre For Earth Science ... on 14 November, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:85269
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY,THE 14TH DAY OF NOVEMBER 2024/23RD KARTHIKA, 1946
WP(C) NO. 33232 OF 2023
PETITIONER:
K.J MATHEW
AGED 70 YEARS
S/O. C.P GEORGE, KUNNATHUR HOUSE,
THANNIKUZHY, AALAPRA,
KARIKKATTOOR KOTTAYAM DISTRICT, PIN - 686 544.
BY ADV MILLU DANDAPANI
RESPONDENTS:
1 NATIONAL CENTRE FOR EARTH SCIENCE STUDIES
(NCESS)
FORMERLY CENTRE FOR EARTH SCIENCE STUDIES,
(CESS), AKKULAM, ULLOOR,
THIRUVANANTHAPURAM
REPRESENTED BY ITS DIRECTOR, PIN - 695 031.
2 KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT
(K.S.C.S.T.E) SASTRA BHAVAN, PATTOM P.O,
THIRUVANANTHAPURAM
REPRESENTED BY ITS MEMBER SECRETARY,
PIN - 695 004.
3 STATE OF KERALA (*DELETED & SUBSTITUTED)
REPRESENTED BY ITS SECRETARY,
KERALA STATE COUNCIL FOR SCIENCE
TECHNOLOGY AND ENVIRONMENT (K.S.C.S.T.E)
SASTRA BHAVAN, PATTOM P.O,
THIRUVANANTHAPURAM, PIN - 695 004.
4 UNION OF INDIA
MINISTRY OF EARTH SCIENCE
REPRESENTED BY ITS SECRETARY,
PRITHVI BHAVAN, LODHI ROAD,
OPPOSITE INDIA HABITAT CENTRE,
NEW DELHI, PIN - 110 003.
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WP(C) NO.33232 OF 2023
2
*THE PRESENT ADDRESS OF THE 3RD RESPONDENT IS
DELETED AND SUBSTITUTED THE PREVIOUS ADDRESS
INSTEAD OF "STATE OF KERALA, REPRESENTED BY
THE PRINCIPAL SECRETARY TO SCIENCE AND
TECHNOLOGY DEPARTMENT, III FLOOR, ANNEX - I,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
695 001" AS PER THE ORDER DATED 25.03.2024 IN
IA NO.1 OF 2024 IN WP(C) NO.33232 OF 2023.
SRI. N.S.DAYA SINDHU SHREE HARI - CGC
SMT. MARY BEENA JOSEPH - SR. GP
SRI. P.C SASIDHARAN - SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 14.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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3
JUDGMENT
The petitioner joined service as Scientist in
the Centre for Earth Science Studies (CESS) under
the 2nd respondent, the Kerala State Council For
Science Technology and Environment (KSCSTE).
He retired from service on 31.12.2012. In the
year 2014, CESS was taken over by the Union of
India with effect from 01.01.2014 with all their
assets and liabilities. A Memorandum of
Undertaking (MoU) was executed between the
respondents wherein the relevant portion reads
as follows:-
"1.2 - to take over the administrative control
of CESS with all its present assets,
infrastructure and liabilities, including that of
the manpower employed (by CESS) as on
31.12.2013."
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2. As per the service regulations of KSCSTE,
there was no ceiling as regards the gratuity
payable to the employees of erstwhile CESS.
However, after the taking over of CESS pursuant
to the aforesaid MoU, the gratuity payable was
limited to Rs.10,00,000/-. Challenging the ceiling
on the gratuity as above, writ petitions were filed
before this Court and by Ext.P1 judgment in W.P.
(C) No. 2235 of 2012 and connected cases, this
Court directed the respondents concerned to pay
full gratuity amounts without any ceiling.
Paragraph 32 of the said judgment reads as
follows:-
"32. Accordingly, W.P.(C) Nos.26114/2011,
27835/2012, 27836/2012, 27845/2012 &
2235/2012 are allowed to the extent of
directing the respondents concerned in these
cases to pay immediately the full gratuity
amounts without any ceiling limit, if not
already paid and in case, part payment
thereof has already been made, then to pay
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the balance gratuity amounts as above said
to the retiree petitioners concerned within
one month from the date of production of the
certified copy of this judgment in the cases
concerned. If the above said amounts are
not paid within the above said time limit, the
said amount will carry interest @ 10% p.a
effective from two months from the
respective date of retirement of each of the
retiree petitioner concerned upto the date of
actual payment. These writ petitions (Civil)
are thus allowed, to the above extent."
3. Since the directions in Ext.P1 judgment
were not complied with, Contempt of Court Cases
were filed by the petitioners therein and this
Court, by Ext.P2, disposed of the Contempt of
Court Cases with the following directions:-
"3. In the light of the aforesaid statement and
as the first respondent has agreed to release
the required amount of funds, we dispose of
the contempt petitions with the following
directions:-
"(1) Within ten days from today, the
second respondent shall inform the
First respondent the amount that is
required for settling the liability that is
due to the petitioners.
(2) Once the Intimation is received as
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above, within weeks thereafter, the
first respondent will disburse necessary
amounts to the second respondent.
(3) On receipt of amount from the first
respondent, the second respondent
shall disburse the amounts that are due
to the petitioners within ten days of its
receipt.
(4) In this process, it would be open to
the first respondent to obtain
necessary undertaking from the second
respondent to reimburse the amount
that is released to satisfy the liability
that is due to the petitioners.
4. It is ordered that in the event of non-
compliance with the above directions which
are passed with the consent of the parties, it
would be open to the petitioners to seek re-
opening of the contempt petitions."
4. Pursuant to the judgment in the
Contempt of Court Cases, the petitioners therein
received gratuity without any ceiling.
5. The petitioner states that persons
similarly situated like him approached this Court
by filing W.P.(C) No.8515 of 2019 and connected
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cases and this Court disposed of the Writ Petitions
by Ext.P6 judgment directing the State
Government to disburse the gratuity without
ceiling to the persons who retired prior to
01.01.2014 and directing the Union of India to
pay the gratuity without ceiling to the persons
who retired from CESS after 01.01.2014. Ext.P6
judgment was taken up in appeal as Writ Appeal
No.116 of 2023 and the same was disposed of
with the following directions:-
"7. Having considered the contentions advanced,
we are of the opinion that any dispute with
regard to who has to make the payment cannot
stand in the way of the statutory dues being paid
to the party respondents in the instant case. We,
therefore, direct that the same course as has
been adopted in the orders of an earlier Division
Bench of this Court in Ext.P2 shall be followed for
the purpose of making the payments in the
instant case as well. The appellant shall inform
the National CESS as to the amounts which are
required for paying off the statutory gratuity
dues to the party respondents herein with the
approval of the State Government. The said
amount shall be released by the National CESS
to the appellant to make the payments as
directed in the earlier round of litigations. The
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said amount shall be duly released to the
contesting party respondents, at the earliest, at
any rate, within a period of one month from the
date of receipt of a copy of this judgment. The
appellant shall provide the undertaking as
directed in the earlier round of litigations, but
such undertaking shall be specifically provisional
and all questions with regard to the
implementation of Ext.P5 MoU are left open to be
decided in appropriate proceedings."
6. In the said circumstances, the petitioner
prays that he is entitled to pay full gratuity
without any ceiling.
7. Heard the learned counsel for the
petitioner, the learned Central Government
Counsel, the learned Senior Government Pleader
and the learned Standing Counsel for the KSCSTE.
8. By Exts.P1 and P6 judgments, this Court
has already found that the employees of CESS are
entitled for full gratuity without any ceiling.
However, as regards the authority who has to pay
the amount, this Court in the judgment in Writ
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Appeal No.116 of 2023 arising from Ext.P6
judgment has directed the mode of disbursement
in paragraph 7 of the said judgment. Therefore,
the 2nd respondent shall inform the National CESS
as to the amounts which are required for paying
of the statutory gratuity due to the petitioner with
the approval of the State Government. The said
amount shall be released by the National CESS to
the KSCSTE to make the payment to the
petitioner. The payment as above shall be made
within a period of two months from the date of
receipt of a copy of this judgment. The KSCSTE
shall provide the undertaking as directed in
Ext.P2 judgment. However, such undertaking
shall be provisional, subject to the final orders to
be passed by the Apex Court with regard to the
MoU. If the amounts are not paid within the
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period of two months as aforesaid, the same shall
carry interest at the rate of 9% per annum from
the date of retirement of the petitioner.
The writ petition is disposed of with the
above directions.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
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APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE JUDGEMENT DATED
12/11/2014 IN WP (C) 2235/2012 OF THE
HON'BLE HIGH COURT OF KERALA.
EXHIBIT P2 TRUE COPY OF THE COMMON ORDER IN THE
CONTEMPT CASES 1329/17 AND 1603/2017 DATED
2/03/2018 OF THE HON'BLE HIGH COURT OF
KERALA.
EXHIBIT P3 CERTIFICATE TO PROVE THE RETIRING DATE OF
THE PETITIONER, DATED 22/08/2023.
EXHIBIT P4 REPRESENTATION SUBMITTED TO THE DIRECTOR
OF NATIONAL CENTRE FOR EARTH SCIENCE AND
STUDIES DATED 08/02/2003.
EXHIBIT P5 SUBMITTED REPRESENTATION TO THE DIRECTOR
OF NATIONAL CENTRE FOR EARTH SCIENCE AND
STUDIES DATED 24/06/2023.
EXHIBIT P6 COPY OF THE JUDGEMENT IN WP(C).NO.8515 OF
2019 OF THE HON'BLE HIGH COURT OF KERALA
DATED 26.04.2022.
EXHIBIT P7 COPY OF THE INTERIM ORDER RENDERED ON
31.05.2023 IN THE WRIT APPEAL 116 OF 2023
OF THE HON'BLE HIGH COURT OF KERALA.
RESPONDENTS EXHIBITS: NIL.
