Allowed

O.Suresh v. Kerala State Electricity Board

Kerala HC24 Jul 2012WP(C)/3365/2012

Case brief

AI extract

What is this about?

Retired former employees of the Kerala State Electricity Board filed a writ petition contending that while the principal gratuity amount was deposited by the Controlling Authority, the corresponding interest remained unpaid. The Court directed the Board to deposit the interest within six months.

What did the court decide?

The Kerala State Electricity Board is directed to deposit the interest amount payable to the petitioners before the Controlling Authority within six months from the date of the order.

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

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN

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THURSDAY, THE 9TH DAY OF FEBRUARY 2012/20TH MAGHA 1933

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WPC.No. 3365 of 2012 (U)

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PETITIONER(S):

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1. O.SURESH

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S/O. ANANDAN, AGED 63 YEARS, ASSISTANT ENGINEER (RETIRED) KERALA STATE ELECTRICITY BOARD, K.G.DIVISION KAKKAYAM, PPO NO.29804, RESIDING AT OLAVIL HOUSE CHALAD, KANNUR-14.

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2. K.M.THANKAPPAN

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S/O. K.E.MADHAVAN, AGED 64 YEARS,

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ASSISTANT EXECUTIVE ENGINEER(RETD.)

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KERALA STATE ELECTRICITY BOARD

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TRANSMISSION DIVISION, KANNUR, PPO NO.28158

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RESIDING AT KUMBALATHIL, MUNDAYAD P.O., KANNUR.

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3. E.MUKUNDAN

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S/O. E.KUNHAMBU,, AGED 64 YEARS, SENIOR SUPERINTENDENT(RETD.)

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KERALA STATE ELECTRICITY BOARD, PPO NO.28160

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RESIDING AT 'SMIJA', P.O.MORAZHA, (VIA)MOTTAMMAL

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KANNUR-670 331.

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4. C.BHARATHAN

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S/O. KANNAN, AGED 66 YEARS, ASSISTANT EXECUTIVE ENGINEER(RTD.) KERALA STATE ELECTRICITY BOARD, PPO NO.24912(R) RESIDING AT MADATHILAL, PALIYATH VALAPPU P.O.MORAZHA, KANNUR DISTRICT.

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5. C.K.SOMARAJAN

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S/O. P.C.DAMODARAN, AGED 64 YEARS, ASSISTANT ENGINEER(RTD.) KERALA STATE ELECTRICITY BOARD, PPO NO.28415

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RESIDING AT PALLIYATH HOUSE, PUNJABI ROAD

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CHALAD P.O., KANNUR-14.

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6. K.M.VIJAYAREMMA , AGED 61 YEARS

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W/O. LATE M.VALSAN

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ASSISTANT ACCOUNTS OFFICER(RTD.)

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KERALA STATE ELECTRICITY BOARD, B.S.UNIT, KANNUR

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PPO NO.25817, RESIDING AT 'KUMARS', P.O.AZHIKKAL

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KANNUR.

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tss

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W.P.(C) NO.3365/2012

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7. P.P.SAINABI, AGED 53 YEARS,

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W/O. LATE P.ABDUL RAHIMAN

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ASSISTANT EXECUTIVE ENGINEER(RTD.)

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KERALA STATE ELECTRICITY BOARD

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ELECTRICAL MAJOR SECTION, VALAPATTANAM

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PPO NO.27121, RESIDING AT PENNANICHI HOUSE

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NEAR RAILWAY STATION, PAPPINISSERY, KANNUR.

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8. A.V.NARAYANANKUTTY

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S /O. LATE K.P.NARAYANAN MANIYANI, AGED 64 YEARS,

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ASSISTANT EXECUTIVE ENGINEER(RTD.)

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KERALA STATE ELECTRICITY BOARD

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ELECTRICAL DIVISION, PAYYANNUR, PPO NO.28507

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RESIDING AT AROLI VEEDU, P.O.AROLI, PAPPINISSERY

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KANNUR.

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9. P.T.JAYACHANDRAN

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S/O. LATE V.P.KRISHNAN, AGED 65 YEARS,DEPUTY CHIEF ENGINEER(RTD.) KERALA STATE ELECTRICITY BOARD, PPO NO.27257 RESIDING AT VIJAYAN, P.O.KAKKAD, KANNUR-5.

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10. P.PAVITHRAN

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S/O. LATE P.KANARAN, AGED 63 YEARS,ASSISTANT ENGINEER(RTD.) KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE KANNUR, PPO NO.30749, RESIDING AT KRIPA P.O.AROLI, KANNUR.

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11. P.KARUNAKARAN

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S/O. LATE P.GOPALAN, AGED 64 YEARS, ASSISTANT EXECUTIVE ENGINEER(RTD.) KERALA STATE ELECTRICITY BOARD, SUB STATION SUB DIVISION, PAYYANNUR, PPO NO.27748 RESIDING AT CHAITHANYA KOTTUMPURAM NEELESWARAM P.O., KASARAGOD-671 314.

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BY ADVS.SRI.P.M. PAREETH SRI. MOHAMMED SHAMEEL

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RESPONDENT(S):

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---------------- --------

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1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM-695 004.

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2. CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM-695 004.

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tss

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W.P.(C) NO.3365/2012

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3. EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION KANNUR-670 001.

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4. EXECUTIVE ENGINEER

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KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION

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KANHANGAD-671 315.

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BY ADV. SRI.K.S.ANIL, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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W.P.(C) NO.3365/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1 : TRUE COPY OF THE JUDGMENT DTD.8.1.08 IN WPC NO.38170/03.

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EXT.P2 : TRUE COPY OF THE B.O.(FB)NO.13/2011 (PSI/GRATUITY/TVPM/2006), DTD.24.5.2011.

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EXT.P3 : TRUE COPY OF THE LETTER DTD.21.11.11 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT IN RESPECT OF THE 1ST PETITIONER.

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EXT.P3(a): TRUE COPY OF THE LETTER DTD.21.11.11 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT IN RESPECT OF THE 2ND PETITIONER.

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EXT.P3(b): TRUE COPY OF THE LETTER DTD.21.11.11 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT IN RESPECT OF THE 3RD PETITIONER.

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EXT.P3(c): TRUE COPY OF THE LETTER DTD.21.11.11 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT IN RESPECT OF THE 4TH PETITIONER.

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EXT.P3(d): TRUE COPY OF THE LETTER DTD.21.11.11 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT IN RESPECT OF THE 5TH PETITIONER.

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EXT.P3(e): TRUE COPY OF THE LETTER DTD.21.11.11 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT IN RESPECT OF THE 6TH PETITIONER.

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EXT.P3(f): TRUE COPY OF THE LETTER DTD.21.11.11 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT IN RESPECT OF THE 7TH PETITIONER.

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EXT.P3(g): TRUE COPY OF THE LETTER DTD.21.11.11 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT IN RESPECT OF THE 8TH PETITIONER.

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EXT.P3(h): TRUE COPY OF THE LETTER DTD.21.11.11 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT IN RESPECT OF THE 9TH PETITIONER.

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EXT.P3(i): TRUE COPY OF THE LETTER DTD.21.11.11 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT IN RESPECT OF THE 10TH PETITIONER.

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EXT.P3(j): TRUE COPY OF THE LETTER DTD.21.11.11 ISSUSED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT IN RESPECT OF THE 11TH PETITIONER.

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RESPONDENTS' EXHIBITS

NIL

TRUE COPY

P.S. TO JUDGE

tss

P.N.RAVINDRAN, J.

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W.P(C).No.3365 of 2012

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Dated this the 9^th day of February, 2012

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JUDGMENT

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The petitioners are former employees of the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short). Upon retirement they were paid terminal benefits including gratuity computed in terms of the provisions contained in Part-III of the Kerala Service Rules. Long after their retirement, relying on the decision of this Court in O.P.No.674 of 2002 the petitioners filed separate applications before the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act' for short) seeking payment of gratuity in terms of the said enactment. The Controlling Authority allowed the applications and directed payment of the difference in the amount of gratuity with interest at applicable rates from the respective due dates. This writ petition is filed contending that though the principal amount of gratuity directed to be paid by the Controlling Authority under the Act was deposited and later disbursed, the interest payable to the petitioners in terms of the orders passed by the Controlling

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W.P(C).No.3365 of 2012

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-:2:-

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Authority, has not been deposited so far. In this writ petition, the petitioners seek an order directing the Board to pay the interest portion expeditiously.

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Sri.K.S.Anil, the learned standing counsel appearing for the Board submitted that the Board has by order No. B.O. (FB) No.1313/2011(PSI/Gratuity/TVPM/2006) dated 24.5.2011 decided to adopt and implement the provisions of the Act in respect of the employees of the Board and that the Board will therefore take steps to deposit the interest portion expeditiously. The learned standing counsel also submitted that having regard to the heavy financial commitment the Board may be granted at least six months' time from today to deposit the interest portion and the liability of the Board to pay interest may be limited till the date of deposit of the principal amount of gratuity. The learned counsel appearing for the petitioners did not oppose the said request. That apart, I have by judgment delivered on 7.6.2011 in W.P.(C) No. 639 of 2011 and connected cases disposed of similar writ petitions filed by former employees of the Board wherein after taking note of the heavy financial commitment involved, I granted the Board six months' time from the date of the judgment to deposit the interest portion and had

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W.P(C).No.3365 of 2012

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also directed that interest will run on the principal amount of gratuity directed to be paid by the Controlling Authority only from the respective due dates till the date of deposit of the principal amount. I accordingly dispose of the writ petition with the following directions:

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(i) The Board shall within six months from today deposit before the Controlling Authority the amount payable to the petitioners by way of interest calculated in terms of the orders passed by the Controlling Authority, computed with reference to the respective due dates till the date of deposit of the principal amount.

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(ii) Upon such deposit being made, it will be open to the petitioners to unconditionally withdraw the amount deposited.

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(iii) If the petitioners have withdrawn the principal amount of gratuity after executing bonds, such withdrawal will be treated as unconditional.

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P.N.RAVINDRAN, Judge.

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ahg.

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P.N.RAVINDRAN, J.

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W.P(C).No.3365 of 2012

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JUDGMENT

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9^th February, 2012

O.Suresh v. Kerala State Electricity Board

Case brief

What is this about?

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O.Suresh v. Kerala State Electricity Board

Case brief

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