Allowed

B.Chithra v. Kerala State Electricity Board

Kerala HC18 Dec 2012WP(C)/30299/2012

Case brief

AI extract

What is this about?

In this writ petition, the High Court directed KSE Board to deposit the balance gratuity and interest calculated per the Controlling Authority's order before the designated authority within six months, allowing the retired employee to withdraw the funds unconditionally thereafter.

What did the court decide?

KSE Board to deposit gratuity balance and interest before Controlling Authority within six months; unconditionally withdrawable thereafter.

B.Chithra Vs Kerala State Electricity Board — Pension and Retirement Benefits | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID

¶4

TUESDAY, THE 18TH DAY OF DECEMBER 2012/27TH AGRAHAYANA 1934 WP(C).No. 30299 of 2012 (J) ---------------------------

¶5

PETITIONER: -----------

¶6

B.CHITHRA SR.SUPERINTENDENT (RETIRED), RESIDING AT HOUSE NO.34/821, BEENA ANCHUMANA ROAD, EDAPPALLY COCHIN-24. BY ADVS.SRI.K.BALACHANDRAN (MANGALATH) SRI.RAJESH NAIR SRI.BIJOY CHANDRAN

¶7

RESPONDENTS:

¶8

KERALA STATE ELECTRICITY BOARD

¶9

REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN

¶10

PATTAM PALACE P.O., THIRUVANANTHAPURAM, PIN 695004.

¶11

THE EXECUTIVE ENGINEER

¶12

KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION ERNAKULAM, KOCHI 682018.

¶13

THE EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION MATTANCHERY, ERNAKULAM DISTRICT.

¶14

CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 4TH FLOOR, CIVIL STATION, KAKKANAD KOCHI 682030, ERNAKULAM DISTRICT.

¶15

THE DISTRICT COLLECTOR

¶16

ERNAKULAM, CIVIL STATION, KAKKANAD KOCHI 682030, ERNAKULAM DISTRICT.

¶17

R4 & R5 BY GOVERNMENT PLEADER SRI G.GOPAKUMAR R1 TO R3 BY SRI.K.S.ANIL, SC, KSEB

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

W.P.(C).NO.30299/2012

¶20

APPENDIX

¶21

PETITIONER'S EXHIBITS

¶22

EXHIBIT-P1: COPY OF BOARD ORDER DATED 24.05.2011. EXHIBIT-P2: COPY OF THE ORDER DATED 31.01.2012 OF THE 4TH RESPONDENT. EXHIBIT-P3: COPY OF THE LAWYER NOTICE DATED 24.09.2012.

¶23

EXHIBIT-P4: COPY OF THE 'FORM T' APPLICATION SUBMITTED BY THE PETITIONER.

¶24

RESPONDENTS' EXTS: NIL.

¶25

TRUE COPY

¶26

P.S. TO JUDGE

¶27

HARUN-UL-RASHID,J.

¶28

W.P.(C).NO.30299 OF 2012

¶29

DATED THIS THE 18TH DAY OF DECEMBER, 2012

¶30

JUDGMENT

¶31

Heard the learned counsel for the petitioner, learned

¶32

Standing Counsel for respondents 1 to 3 and the learned Government Pleader for respondents 4 and 5.

¶33

The writ petition is filed seeking a direction directing the respondents to disburse the balance gratuity amount found due and payable to the petitioner as per Ext.P2 order of the Controlling Authority with interest as provided under the statute, within a time limit to be fixed by this Court.

¶34

Petitioner is the retired employee of the Kerala State Electricity Board. The 4th respondent-Controlling Authority under the Payment of Gratuity Act, passed Ext.P2 order directing the Secretary, KSE Board, to pay the balance amount of gratuity within thirty days of receipt of the order.

¶35

The grievance of the petitioner is that the lst respondent-

¶36

-2-

¶37

W.P.(C).No.30299/2012

¶38

KSE Board has not complied with the directions contained in Ext.P2 order. Ext.P2 order has become final. Petitioner approached the 2^nd respondent submitting Ext.P4 application to disburse the balance amount of gratuity due to him as per Ext.P2 order. The grievance of the petitioner is that the lst respondent has not paid the amount covered by Ext.P2 and that the 4^th respondent has not initiated any action for recovery of the amount as per the directions contained in Ext.P2 order and as provided under the Payment of Gratuity Act till date.

¶39

The learned counsel for the petitioner brought to the

¶40

notice of this Court the judgment in W.P.(C).No.16898/2012. In similar situation, this Court allowed similar prayer in various writ petitions filed by similarly situated employees. Learned Standing Counsel for respondents 1 to 3 submits that the amount due to the petitioner will be paid provided, some time is granted for payment.

¶41

In the aforesaid facts and circumstances, the writ petition is disposed of in terms of the directions contained in W.P. (C).No.16898/2012.

¶42

-3-

¶43

W.P.(C).No.30299/2012

¶44

i) The lst respondent-KSE Board shall deposit the

¶45

entire balance amount of gratuity payable to the petitioner, calculated in accordance with Ext.P2 order before the 4th respondent-Controlling Authority, within a period of six months from today.

¶46

ii) The lst respondent-KSE Board shall also deposit the amount of interest payable on the balance amount of gratuity payable to the petitioner calculated in accordance with Ext.P2 order upto the date of deposit of the principal amount before the Controlling Authority, within a period of six months from the date of deposit of the principal amount.

¶47

iii) Upon such deposit being made, it shall be open to the petitioner to unconditionally withdraw the amounts so deposited.

Sd/-

HARUN-UL-RASHID,

JUDGE.

kcv.

B.Chithra v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

B.Chithra v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Puthiyathoppilakath Ahammed Koya Vs the Regional Transport Authority

Rajeevan Keloth Vs the Secretary, Regional Transport Authority, Kannur

Uzhuva Service Co-Operative Bank Ltd. Vs K.Rajendran

Sudheer Vs the Secretary, Regional Transport Authority

Sathikumar Vs the Secretary, Regional Transport Authority, Palakkad

C.G.Jayachandran Vs the Registrar of Co-Operative Societies, Thiruvananthapuram.