Allowed

Dr.P.K.Tulasidas v. Kerala State Council for Science, Technology and Environment

Kerala HC7 Mar 2022WP(C)/2464/2019

Case brief

AI extract

What is this about?

Batch of writ petitions by scientists and employees of institutions under the Kerala State Council for Science, Technology and Environment, challenging an order inserting Note (v) to Clause 14 of the Service Rules capping gratuity at the Kerala Government rate. Held, the cap is contrary to the Payment of Gratuity Act; the order is quashed.

What did the court decide?

Impugned order (Council (M) Order No.98/2019/KSCSTE dated 16.08.2019) quashed; KSCSTE free to amend Clause 14 of Section II Part 1 of the Service Rules in tandem with the Payment of Gratuity Act.

Dr.P.K.Tulasidas Vs Kerala State Council for… — Pension and Retirement Benefits | Kerala HC (2022)

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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 V.G.ARUN

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FRIDAY, THE 13^TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944 WP(C) NO. 30688 OF 2019

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PETITIONER/S:

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1	DR. U.M.CHANDRASHEKARA AGED 59 YEARS S/O. MANJUNATHA,(SENIOR PRINCIPAL SCIENTIST,KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653), RESIDING AT UCHANGI P.O., -573 137,HASSAN DISTRICT,KARNATAKA
2	DR.E.M.MURALIDHARAN, AGED 58 YEARS S/O. MADHAVAN NAMBIAR, SENIOR PRINCIPAL SCIENTIST,BIOTECHNOLOGY DEPARTMENT,KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653) RESIDING AT ABHILASH, MELUR, PALAYAD P.O., THALASSERY-670 661
3	DR. SUJATHA.M.P., AGED 58 YEARS D/O., M.V.NAMBOODRIPAD, SENIOR PRINCIPAL SCIENTIST AND HEAD SOIL SCIENCE DEPARTMENT ,KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653) RESIDING AT A3,MRG SREEVALSAM APARTMENT, THIRUVAMPADI, THRISSUR-680 022
4	RAVEENDRAN.V.P., AGED 58 YEARS S/O ANANDAN.E., (SENIOR SCIENTIST, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653) RESIDING AT III/13 KFRI QUARTERS,KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653)
5	DR.K.V.MOHAMMED KUNHI, AGED 55 YEARS S/O. K.V.ABOOBACKER HAJI, ( PRINCIPAL SCIENTIST AND PROGRAMME COORDINATOR,EXTENSION AND TRAINING DIVISION,KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653) RESIDING AT FAHMAS, KRISHNI BHAVAN ROAD, KOZHIKODE-673 633
6	GRACE ANDREWS, AGED 57 YEARS
	D/O. LATE C.P.ADREWS, (PA TO DIRECTOR, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653) RESIDING AT A G 50,ANUGRAHA, ALUKKAS GARDEN, NELLIKKUNNU,THRISSUR-5
7	P.A.JOSE, AGED 55 YEARS
	S/O. P.V.ANTONY,(PRINCIPAL SCIENTIST,KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653),

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	RESIDING AT PANIKULANGARA HOUSE, THACHAMPILLY ROAD, P.O.VELUTHUR, THRISSUR-690 012
8	DR.K.F GEORGE, AGED 55 YEARS
	S/O. FRANCIS K.P., (SENIOR SCIENTIST LIBRARY AND INFORMATION,KERALA FOREST RESEARCH INSTITUTE,
	PEECHI, THRISSUR-680 653), RESIDING AT KAKKANATT HOUSE, MADAKKATHARA P.O., WEST VELLANIKKARA,THRISSUR-680 651
9	DR.V.ANITHA, AGED 50 YEARS
	D/O. M.V.NAIR, ( PRINCIPAL SCIENTIST FOREST ECONOMICS DEPARTMENT, FORESTRY AND HUMAN DIMENSIONS PROGRAMME DIVISION, KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653), RESIDING AT AASHIRWAD,POST NO.110, PRIYADARSHINI NAGAR, PARAVATTANI, EAST FORT P.O., THRISSUR-680 005
10	DR.T.V.SAJEEV, AGED 50 YEARS
	S/O. T.N.VELAYUDHAN, ( PRINCIPAL SCIENTIST AND RESEARCH COORDINATOR, HEAD DEPARTMENT OF
	ENTOMOLGY,KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653), RESIDING AT THAVALATHADATHIL , VADAVUCOE P.O., ERNAKULAM-682 310
11	DR.SUMA ARUN DEV, AGED 48 YEARS
	D/O. T.V.BHASKARAN, (SENIOR SCIENTIST,FOREST GENETICS AND BIOTECHNOLOGY DIVISION,KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653), RESIDING AT FLAT NO.9 C ASHIYAANA-DEVDATHAM, PALIYAM ROAD, THRISSUR-680 001
12	DR.P.SUJANAPAL AGED 44 YEARS S/O. T.V.NARAYANA, (SCIENTIST,KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653), RESIDING AT PUTHIYAPURAYIL HOUSE, THADIKKADAVU P.O., KANNUR-670 581
13	DR.JAYARAJ.R., AGED 42 YEARS
	S/O. P.K.RAVINDRAN,(SCIENTIST, FE AND BC DIVISION,KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR-680 653), RESIDNG AT JAYABHAVAN, THURUTHY P.O., CHANGANACHERRY, KOTTAYAM-686 535 BY ADVS.
	THAMPAN THOMAS
	SRI.B.V.JOY SANKER
	SMT.R.RAJASREE (CHUTTIMATTATHIL)

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SMT.NINCY MATHEW

RESPONDENT/S:

1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695 004

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2 THE MEMBER SECRETARY, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTHRA BHAVAN, PATTOM, P.O., THIRUVANANTHAURAM-695 004

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3 KERALA FOREST RESEARCH INSTITUTE, PEECHI, THRISSUR,PIN-680 653, REPRESENTED BY ITS DIRECTOR

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4 STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHPAURAM-695 001 BY ADV P.C.SASIDHARAN, SC, KSCSTE

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OTHER PRESENT:

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ADV.IMAM GRIGORIOS KARAT FOR KFRI; SR. GP.PREMCHAND R. NAIR AND VENUGOAPL V;ADV.ANOOP P.V. FOR CWRDM

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ADMISSION ON 07.03.2022, ALONG WITH WP(C).29452/2019, AND CONNECTED CASES, THE COURT ON 13.05.2022 DELIVERED THE FOLLOWING:

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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 V.G.ARUN

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FRIDAY, THE 13^TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944

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WP(C) NO. 13364 OF 2021

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PETITIONER/S:

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DR.RAGHUNADHAN C

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AGED 60 YEARS S/O. LATE M.K PANICKER, (RETIRED DEPUTY REGISTRAR GRADE II, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM P.O, KOZHIKODE 673 571) RESIDING AT LAVANYAM, CHEVARAMBALAM P.O, KOZHIKODE 673 017

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BY ADVS. THAMPAN THOMAS B.V.JOY SANKAR R.RAJASREE (CHUTTIMATTATHIL) NINCY MATHEW

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RESPONDENT/S:

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1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY & ENVIRONMENT REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHA BHAVAN, PATTOM P.O, THIRUVANANTHAPURAM 695 004

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2 THE MEMBER SECRETARY, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTHA BHAVAN, PATTOM P.O, THIRUVANANTHAPURAM 695 004

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3 CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT - CWRDM KUNNAMANGALAM, KOZHIKODE 673 571 REPRESENTED BY ITS EXECUTIVE DIRECTOR

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4 STATE OF KERALA REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM 695 001

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BY ADV P.V.ANOOP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ADMISSION ON 07.03.2022, ALONG WITH WP(C).29452/2019, AND CONNECTED CASES, THE COURT ON 13.05.2022 DELIVERED THE FOLLOWING:

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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 V.G.ARUN

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FRIDAY, THE 13^TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944

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WP(C) NO. 29452 OF 2019

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PETITIONER/S:

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1 DR. DINESAN V.P., AGED 60 YEARS S/O.LATE.V.P.BALAN,(RETIRED SENIOR PRINCIPAL SCIENTIST AND HEAD -GEOMATICS DIVISION, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM .P.O, KOZHIKODE 673571) RESIDING AT AMBADI HOUSE, CHALILPURAYIL PARAMBA, NEAR CWRDM CAMPUS, KOTTAMPARAMBA.P.O, KOZHIKODE 673008 2 DR.MADHAVAN K AGED 59 YEARS S/O.KANARAN K(SCIENTIST, WATER QUALITY DIVISION, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE673571) RESIDING AT SNEHAM, JAWAHAR HOUSING COLONY, CHERINCHAL, KARANTHUR .P.O, KUNNAMANGALAM, KOZHIKODE-673571 3 JAYAKUMAR P AGED 58 YEARS S/O.LATE R.PUSHKARAN, (SENIOR PRINCIPAL SCIENTIST AND HEAD- ENVIRONMENT AND CLIMATE CHANGE STUDIES DIVISION, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT 9CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE -673571) RESIDIN GAT SAIKRIPA, NTMC ROAD, (LANE II) KAVOOR, KOZHIKODE 673017 4 P.K.ABDULLA AGED 59 YEARS S/O.LATE P.K.HUSSAIN(SENIOR PRINCIPAL SCIENTIST, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT(CWRDM) KUNNAMANGALAM.P.O, KOZHIKODE673571) RESIDING AT LAIL, PARAPPAMMAL ROAD, KARANTHOOR.P.O, KUNNAMANGALAM, KOZHIKODE 673671 5 C.DINIL SONY AGED 55 YEARS S/O.LATE CHATHAN, (SENIOR PRINCIPAL SCIENTIST AND HEAD-SURFACE WATER DIVISION, CENTRE FOR WATER

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	RESOURCES DEVELOPMENT AND MANAGEMNET CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE-673571) RESIDING AT LINUS, KALPETTA NORTH, WAYANAD-673122
6	DR.CELIN GEORGE, AGED 55 YEARS D/O.C.J.GEORGE, (PRINCIPAL SCIENTIST AND HEAD, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT SUB CENTRE (CWRDM), MANIMALAKUNNU, OLIYAPPURAM.P.O, KOOTHATTUKULAM 686662) RESIDING AT PULICKAL HOUSE, NEAR POLICE QUARTERS, KOOTHATTUKULAM.P.O, ERNAKULAM-686662
7	DR.MADHAVAN CHANDRAN K AGED 59 YEARS S/O.LATE DR.N.MOHANDAS,(SENIOR PRINCIPAL SCIENTIST AND HEAD-WATER MANAGEMENT (AGRICULTURE) DIVISION, WATER QUALITY DIVISION,CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT(CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE-673571) RESIDING AT ANUGRAH, NEAR KOLLANKOTTE SRI AYYAPPA TEMPLE, KAVU, CHEVAYUR, KOZHIKODE-673017
8	BABU MATHEW, AGED 58 YEARS S/O.LATE MATHAI, (SENIOR PRINCIPAL SCIENTIST, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE 673571) RESIDING AT 32/482 A, AILAPURATH, BHARATHAN BAZAR, CHELAVOOR.P.O, KOZHIKODE 673571
9	DR.GEORGE ABE AGED 58 YEARS
	S/O.P.V.ABRAHAM, (CHIEF SCIENTIST AND HEAD, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT SUB CENTRE9CWRDM), KOTTAYAM 686001) RESIDING AT PUTHENPURACKAL, KUMMANAM, KOTTAYAM-686001
10	SUSHANTH C.M AGED 58 YEARS
	S/O.LATE C.M.INDRAN, (SENIOR PRINCIPAL SCIENTIST, CENTRE FOR WATER RESOURCES DEVELOPMENT AND
	MANAGEMENT (CWRDM), KUNNAMANGALAM.P.O,M KOZHIIKODE 673571) RESIDING AT 7D, BRIDGE TOWER APARTMENT,S NADAKAVU.P.O, KOZHIKODE-673011
11	VIJAYAKUMAR.M.P AGED 60 YEARS
	S/O.LATE DHAMODHARAN NAIR, (ASSISTANT REGISTRAR, CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM.P.O, KOZHIKODE-
	673571) RESIDING AT VISHAKH, KOTTAMPARAMBA.P.O, KOZHIKODE-673008

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BY ADVS. THAMPAN THOMAS SRI.B.V.JOY SANKER SMT.R.RAJASREE (CHUTTIMATTATHIL) SMT.NINCY MATHEW

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RESPONDENT/S:

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1 KERALA STATE COUNCIL FOR SCIENCE TECHNOOGY AND ENVIRONMENT, REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHA BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM-695004 2 THE MEMBER SECRETARY, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTHA BHAVAN, PATTOM.P.O, THIRUVANANTHAPURAM-695004 3 CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT KUNNAMANGALAM, KOZHIKODE-673571, REPRESENTED BY ITS EXECUTIVE DIRECTOR 4 STATE OF KERALA REPRESENTED BY THE SECRETARY, FINANCE DEVELOPMENT, THIRUVANANTHAPURAM-695001 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ADMISSION ON 07.03.2022, ALONG WITH WP(C). 30688/2019 AND CONNECTED CASES, THE COURT ON 13.05.2022 DELIVERED THE FOLLOWING:

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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 V.G.ARUN

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FRIDAY, THE 13^TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944

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WP(C) NO. 30643 OF 2019

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PETITIONER/S:

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1 DR. KAMALAKSHAN KOKKAL AGED 59 YEARS S/O.LATE KUNHAMBU K., (CHIEF SCIENTIST AND HEAD (CED), KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT NIRA100, NARAYANEEYAM, NIRMALA GARDENS, NALANCHIRA P.O., THIRUVANANTHAPURAM-695013. 2 DR.AJITH PRABHU V., AGED 55 YEARS S/O.A.V.PRABHU, (CHIEF SCIENTIST AND HEAD (TDPMD), KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT 6-J, SREE DHANYA PLANET-X, BLOCK-B, ELAMKULAM, PONGUMMOODU, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011. 3 DR.HARINARAYANAN P., AGED 46 YEARS S/O.MELOTH NARAYANAN NAMBIAR, (PRINCIPAL SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT MADHAVIPURAM, KANATHUR P.O., MULIYAR VIA, KASARAGOD671542. 4 DR.K.R.LEKHA, AGED 55 YEARS D/O.LATE K.KRITHIVASAN UNNITHAN, (SENIOR PRINCIPAL SCIENTIST AND HEAD, WOMEN SCIENTIST DIVISION, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT SRA 170-A, DWARAKA, ANCHUMUKKU, MUTTADA P.O., THIRUVANANTHAPURAM-695025.

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5 DR.ANILKUMAR E.S.,

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AGED 56 YEARS S/O.P.SUKUMARAN UNNITHAN, (SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM,THIRUVANANTHAPURAM695004), RESIDING AT TC 6/517 (2), KRISHNAKRIPA, MNRA-45 C, MITHRA NAGAR, ARAPPURA ROAD, VATTIYOORKAV P.O., THIRUVANANTHAPURAM-13. 6 DR.VIJAYAKUMAR K., AGED 54 YEARS S/O.G.KUNJURAMAN PILLAI, (SENIOR SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT T.C.22/745 (1), ATTUKAL, MANACAUD P.O., THIRUVANANTHAPURAM-695009. 7 DR.ANILKUMAR C., AGED 53 YEARS S/O.CHELLAPPAN PILLAI K., (SENIOR PRINCIPAL SCIENTIST, HEAD, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT HOUSE NO.21, MONI ENCLAVE, KACHANI SCHOOL JUNCTION, KARAKULAM P.O., THIRUVANANTHAPURAM-695564. 8 BINUJA THOMAS, AGED 43 YEARS D/O.K.L.THOMAS, (PRINCIPAL SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM,THIRUVANANTHAPURAM695004), RESIDING AT FLAT NO. 7 CE, SOWPARNIKA SHIRDI TOWERS, MUKKOLA, MANNATHALA, THIRUVANANTHAPURAM-695043. 9 DR.SARIKA A.R., AGED 38 YEARS D/O.K.RAJENDRAN, (SCIENTIST, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTHRA BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004), RESIDING AT AYILLIAM, VENGANOOR P.O., THIRUVANANTHAPURAM-695523. BY ADVS. THAMPAN THOMAS SRI.B.V.JOY SANKER SMT.R.RAJASREE (CHUTTIMATTATHIL) SMT.NINCY MATHEW

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RESPONDENT/S:

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1	KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004.
2 3	THE MEMBER SECRETARY, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTHRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM-695004. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM-695001.
THIS	WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ADMISSION	ON 07.03.2022, ALONG WITH WP(C).29452/2019, AND
CONNECTED	CASES, THE COURT ON 13.05.2022 DELIVERED THE
FOLLOWING:

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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 V.G.ARUN

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FRIDAY, THE 13^TH DAY OF MAY 2022 / 23RD VAISAKHA, 1944

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WP(C) NO. 32107 OF 2019

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PETITIONER/S:

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1 DR. B.G. SREEDEVI , AGED 56 YEARS D/O. K. BHASKARAN PILLAI, (CHIEF SCIENTIST, NATIONAL TRANSPORTATION PLANNING AND RESEARCH CENTRE, (NATPAC) K. KARUNAKARAN TRANSPARK, THURUVIKKAL P.O, AKKULAM, THIRUVANANTHAPURAM 695 031) RESIDING AT TC 6/314(2), SREENARAYANEEYAM, PRA 07, PULLIKULAM LANE, ULLOOR-AKKULAM ROAD, THURUVIKKAL P.O, THIRUVANANTHAPURAM 695 031. 2 K.M SYED MOHAMMED, AGED 59 YEARS S/O. K.S MUSTHAFA, (PRINCIPAL TECHNICAL OFFICER, NATIONAL TRANSPORTATION PLANNING AND RESEARCH CENTRE, (NATPAC) K. KARUNAKARAN TRANSPARK, THURUVIKKAL P.O, AKKULAM, THIRUVANANTHAPURAM 695 031) RESIDING AT SHAFEEQ MANZIL, TC 48/144, UPS LANE, AMBALATHARA, POONTHURA P.O, THIRUVANANTHAPURAM 695 026. BY ADVS. THAMPAN THOMAS B.V.JOY SANKER SMT.R.RAJASREE (CHUTTIMATTATHIL) SMT.NINCY MATHEW

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RESPONDENT/S:

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1 KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT, REPRESENTED BY EXECUTIVE VICE PRESIDENT, SASTHRA BHAVAN, PATTOM P.O, THIRUVANANTHAPURAM 695 004.

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2 THE MEMBER SECRETARY, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTHRA BHAVAN, PATTOM P.O, THIRUVANANTHAPURAM 695 004.

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3 NATIONAL TRANSPORTATION AND RESEARCH CENTRE (NATPAC) , K. KARUNAKARAN TRANSPARK, THURUVIKKAL P.O,AKKULAM, THIRUVANANTHAPURAM 695 031, REPRESENTED BY ITS DIRECTOR.

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4 STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM 695 001

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BY ADVS.

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P.C.SASIDHARAN, SC, KSCSTE SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ADMISSION ON 07.03.2022, ALONG WITH WP(C).29452/2019, AND CONNECTED CASES, THE COURT ON 13.05.2022 DELIVERED THE FOLLOWING:

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JUDGMENT

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Dated this the 13^th day of May, 2022

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The common challenge in these writ petitions is against the order dated 16.08.2019 of the Kerala State Council for Science and Technology

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(Council (M) Order No.98/2019/KSCSTE dated 16.08.2019), amending Clause 14 of Section II Part 1 of the KSCSTE Service Rules and

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Regulations. The amendment is effected by

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inserting Note (v) to Clause 14, which reads as under;

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“The ceiling amount under the payment of

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gratuity shall be as per the amount proclaimed by the Government of Kerala from time to time”.

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the impugned order and amendment, are as under;

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The Kerala State Council for Science and

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Technology (KSCSTE) was constituted by the

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Government as an autonomous body, bringing within its fold various research institutions, like the Kerala Forest Research Institute, the Centre for Earth Science Studies, the Jawaharlal Nehru Tropical Botanic Garden and Research Institute, the Centre for Water Resources Development and Management, the National Transportation, Planning and Research Centre and the Kerala School of Mathematics. After coming into existence on 21.06.2002 as a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955, the KSCSTE framed

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separate rules for regulating conditions of service and other matters of the employees in the institutions under it. After framing of the rules, the employees appointed to the service of the institutions are governed by the KSCSTE Service Rules and Regulations ('Rules and Regulations' for short). Clause 14 of Part I

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Section II of the Rules and Regulations deals with payment of gratuity to employees retiring from the institutions. As per Clause 14, gratuity is to be paid at the rate of half month's emoluments, which the employee drew last, for each completed year of service.

¶113

As matters stood thus, a ceiling limit of Rs.10,00,000/- on gratuity payable to Central Government employees was brought in through the Central Government's pay revision order. This gave rise to a doubt whether such ceiling limit would be applicable to the employees of the institutions under the KSCSTE. Ultimately, the Member Secretary passed order dated 20.09.2011, directing that the gratuity amount payable to the employees shall be limited to Rs.10 lakhs, till a decision is taken in the matter. That order was challenged in a batch of writ petitions by the Scientists and employees in the Kerala Forest

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W.P.(C) No.30688 of 2019 & Con.cases.

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Research Institute and the Centre for Earth Science Studies. The writ petitions were allowed by a learned Single Judge, holding that the employees of the institutions under the Council are governed by the Rules and Regulations framed by the Council and that, as per Clause 14, the retiring scientists and employees are entitled to receive gratuity at the rate of half months emoluments which they drew last. It was also held that Clause 14 being a better condition of service, its benefit is bound to be extended to the employees by virtue of Section 4(5) of the Payment of Gratuity Act, 1972. The learned Single Judge noted that the Council could have amended its Rules and Regulations and such course having not been adopted, the petitioners are entitled to receive gratuity as stipulated in Clause 14.

¶117

challenged in appeal by the institutions, the

¶118

W.P.(C) No.30688 of 2019 & Con.cases.

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Division Bench affirmed the findings of the learned Single Judge and went on to hold that the Rules and Regulations of the Council cover the entire field of service conditions and does not contemplate any direction by the State Government. The Division Bench also observed that till the relevant rule, ie, Clause 14, is amended in accordance with the prescribed procedure, no ceiling limit on gratuity can be imposed by the State Government. The legal position having thus attained finality, the petitioners in those writ petitions were paid gratuity as per Clause 14 of the Rules and Regulations.

¶121

Taking cue from the observations in the judgments of the Single Judge and the Division Bench, the Council issued the impugned Order (Council (M) Order No.98/2019/KSCSTE dated 16.08.2019), inserting Note (v) to Clause 14.

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The petitioners are assailing the order on the

¶123

W.P.(C) No.30688 of 2019 & Con.cases.

¶124

ground of procedural irregularity and violation of their right to receive gratuity without limit,

¶125

in accordance with the service conditions prevailing at the time of their appointment.

¶126

Heard Adv.Thampan Thomas, learned

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Counsel for the petitioners, Adv.P.C.Sasidharan

¶128

for the KSCSTE, and Advs. P. V. Anoop, Imam Gregarious Karat, B.S.Symanthak for the

¶129

Institutes and Senior Government V.Venugopal for the State.

¶130

Learned Counsel for the petitioners assailed the impugned order, alleging that the order is issued as per the directive of the Government, in spite of the clear finding in the earlier round of litigation that the Council

¶131

having framed Rules and Regulations governing the conditions of service of its employees, the Government cannot issue any order with regard to such service conditions. The other ground of

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W.P.(C) No.30688 of 2019 & Con.cases.

¶133

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challenge is based on the procedural

¶135

irregularity, particularly with reference to Rule 19, which prescribes the procedure for amendment of the Council's Memorandum of Association and the Rules and Regulations. It is contended that

¶136

as per Rule 19.2, whenever the Executive Committee of the State Council deems it appropriate to amend the Rules and Regulations, the Committee has to submit a proposal before the special general body convened for the purpose after giving every member of the Council 21 days prior notice. In the meeting thus convened, the resolution proposing the amendment should be passed by not less than three times the number of votes cast against the resolution. According to the petitioners, no such procedure was followed before amending Clause 14.

¶137

Yet another argument is that the ceiling

¶138

limit of gratuity has been raised from Rs.10

¶139

W.P.(C) No.30688 of 2019 & Con.cases.

¶140

lakhs to Rs.20 lakhs by the Payment of Gratuity

¶141

(Amendment) Act, 2018 brought into force on 29.03.2018. By amending Clause 14, the ceiling

¶142

limit of gratuity payable to the petitioners got

¶143

reduced to an amount below Rs.20 lakhs and is

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therefore contradictory to the provisions of the Payment of Gratuity Act.

¶145

Learned Counsel for the respondents and

¶146

the Government Pleader raised the following common contentions;

¶147

In the judgment in W.A.No.1 of 2015 and connected cases, the Division Bench had made it abundantly clear that the Council is empowered to stipulate the ceiling limit for gratuity payable to its employees by bringing about suitable amendment to Clause 14. Accordingly, the Council had amended the Clause, taking into account the huge financial liability incurred by payment of gratuity without limit. The Council therefore

¶148

W.P.(C) No.30688 of 2019 & Con.cases.

¶149

resolved to incorporate suitable provisions making the gratuity amount payable to its employees at par with that of the State

¶150

Government employees. As per Clause 8 of the Byelaws, the Executive Committee of the Council is empowered to fix the remuneration and define the duties and conditions of service of its employees. Clause 19 empowers the Council to amend its Rules and Regulations. The order amending Clause 14 was passed in strict compliance of the procedure prescribed in Clause 19 and contentions to the contrary are baseless.

¶151

In the nature of the contentions

¶152

advanced, I deem it appropriate to extract the following paragraphs from the judgment in W.A.No.1 of 2015;

¶153

“56. One more issue need to be considered is as to whether the State Government had jurisdiction to direct the Council not to pay gratuity to employees retiring, in excess to Rs.10 lakhs which is provided under Section

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W.P.(C) No.30688 of 2019 & Con.cases.

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4(3).

¶157

57. As noted above, the Council was constituted as a registered Society under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 which society came into existence on 21.11.2002. The Society is an autonomous body composition of which is provided in Rule 3.1 of the Rules. Rule 3.1 of the Rules has already been extracted above.

¶158

58. A perusal of Rule 3.1. indicates that the State Council consists of Chief Minister as President, 7 Ministers of different Departments as Vice President and various high officers of the Government including the Vice Chancellor of Cochin University of Science and Technology and Kerala Agricultural University are members. The Society has been constituted to manage six Research Institutes which are engaged in scientific research and development. Copies of the Rules have been placed before us by the counsel for the appellants. The Rules framed by the Council are comprehensive which govern all aspects of the service conditions recruitment, promotion, disciplinary action, conduct apart from Rules and Regulations to regulate the constitution of Council, meetings of the Council, functioning of the Council etc.

¶159

59. Rule 19.1 provides for amendment of

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W.P.(C) No.30688 of 2019 & Con.cases.

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rules and regulations. Rules, 19 and 19.1 read as under:

¶163

“19. Amendment of Memorandum of Association and Rules and Regulations.

¶164

19.1 Whenever it shall appear to the Executive Committee of the State Council that it is advisable to alter, extend or abridge the Memorandum of Association for such purposes as are mentioned in the Memorandum of Association, the Executive Committee may submit the proposal to the member of the State Council in a written or printed report, and may convene a special general meeting for the consideration thereof according to the rules and regulations. No such proposal shall be deemed to have been approved unless such reports have been delivered by the hand or sent by registered by post to every member of the State Council 21 days previous to the date of the special general meeting convened at the instance of the Executive Committee for the consideration thereof, and unless proposal shall have been agreed to by the votes cast in favour of the proposal by the members entitled to do so, and such votes are not less than three times the number of votes if any, cast against the resolution by the members so entitled and voting and attended by not less than half the number of members of the State Council.

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W.P.(C) No.30688 of 2019 & Con.cases.

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60. We have gone through the Rules placed before us. We do not find any express Rule empowering the State Government to give any direction to the Council on service matters of any employee or Officer under the Council and Institutes. The learned Single Judge has rightly held that there is no express rule empowering the State Government to issue any direction to the Council. When the rules cover the entire field of service conditions etc., whether the State by any direction can alter the implementation of rules, the answer is officially no. The Rules which govern the autonomous body do not contemplate any such direction by the State Government. When the Rules itself did not contemplate any such direction, it was not open for the State to direct the Council not to pay the gratuity in excess of Rs.10 lakhs when no such ceiling limit is provided in the Rules governing the payment of gratuity. The learned Single Judge has rightly observed that till the relevant Rule i.e., Rule 14 is not amended in accordance with the procedure prescribed in the Rules, no such restriction can be imposed by the State Government in payment of gratuity to the retiring employees of the Council.”

¶168

Obviously, taking cue from the above

¶169

W.P.(C) No.30688 of 2019 & Con.cases.

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observations, the Council amended Clause 14 and made the gratuity payable to its employees at par with the gratuity payable by the State Government to its employees. Even though learned Counsel for the petitioner contended that the amendment was not affected following the procedure prescribed

¶171

in Rule 19, I am unable to accede to the contention in the absence of any supporting material, more so when the impugned order reveals that the decision of the Council was preceded by the decision of the Executive Committee of the KSCSTE dated 07.06.2019. The contention that

¶172

the amendment was brought about at the direction of the Government cannot also be countenanced, since the impugned order does not refer to any such direction.

¶173

The next aspect to be considered is the impact of the Payment of Gratuity (Amendment) Act, 2018 on the amendment brought about to

¶174

W.P.(C) No.30688 of 2019 & Con.cases.

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Clause 14. In this regard, it is pertinent to note that the Payment of Gratuity (Amendment) Act, 2018 was brought into effect vide Gazette Notification dated 29.03.2018. By the Amendment Act, Section 4(3) of the Principal Act was amended by substituting the words 'ten lakhs' with the words 'such amount as may be notified by the Central Government from time to time'. Thereafter, by notification dated 30.03.2018, the maximum limit of gratuity was fixed at Rs.20 lakhs. Thereafter, by amending Clause 14, vide order dated 16.08.2019, the Council fixed the ceiling limit for gratuity payable to its employees to be at par with the amount proclaimed by the Government of Kerala from time to time. Indisputably, the amount proclaimed by the State Government is less than Rs.20 lakhs. The question therefore is whether the amendment to Clause 14, which is contrary to the ceiling limit fixed in

¶176

W.P.(C) No.30688 of 2019 & Con.cases.

¶177

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Section 4(2) of the Payment of Gratuity

¶179

(Amendment) Act, can be sustained. To answer this question, reference has to be made to Section 14 of the Payment of Gratuity Act, 1972, which reads as under;

¶180

“14. Act to override other enactments, etc.

¶181

- The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument or contract having effect by virtue of any enactment other than this Act.”

¶182

The policy behind the introduction of

¶183

the Payment of Gratuity Act, 1972 and provisions

¶184

like Sections 10, 12 and 14 of the Act was

¶185

explained by Justice V.R.Krishna Iyer in his inimitable style in Som Prakash Rekhi v. Union of

¶186

India, [(1981) 1 SCC 449] . Relevant portion of

¶187

the judgment is extracted here under for easy reference;

¶188

“We live in a welfare State, in a “socialist” republic, under a Constitution with

¶189

W.P.(C) No.30688 of 2019 & Con.cases.

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profound concern for the weaker classes including workers (Part IV). Welfare benefits such as pensions, payment of provident fund and gratuity are in fulfilment of the directive principles. The payment of gratuity or provident fund should not occasion any deduction from the pension as a “set-off”. Otherwise, the solemn statutory provisions ensuring provident fund and gratuity become illusory. Pensions are paid out of regard for past meritorious services. The root of gratuity and the foundation of provident funds are different. Each one is a salutary benefaction statutorily guaranteed independently of the other. Even assuming that by private treaty parties had otherwise agreed to deductions before the coming into force of these beneficial enactments they cannot now be deprivatory. It is precisely to guard against such mischief that the non obstante and overriding provisions are engrafted on these statutes.”

¶192

Later, in Y.K.Singla v. Punjab National Bank [2013(3) SCC 472] , the supremacy of Section 14

¶193

over service regulations governing the employees of an establishment was conclusively decided. Being relevant, paragraph 22 of the judgment is

¶194

W.P.(C) No.30688 of 2019 & Con.cases.

¶195

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extracted hereunder;

¶197

“In order to determine which of the two provisions (the Gratuity Act or the 1995 Regulations) would be applicable for determining the claim of the appellant, it is also essential to refer to Section 14 of the Gratuity Act, which is being extracted hereunder;

¶198

xxxxxx(omitted to avoid repetition)

¶199

A perusal of Section 14 leaves no room for any doubt that a superior status has been vested in the provisions of the Gratuity Act vis-à-vis any other enactment (including any other instrument or contract) inconsistent therewith. Therefore, insofar as the entitlement of an employee to gratuity is concerned, it is apparent that in cases where gratuity of an employee is not regulated under the provisions of the Gratuity Act, the legislature having vested superiority to the provisions of the Gratuity Act over all other provisions/enactments (including any instrument or contract having the force of law), the provisions of the Gratuity Act cannot be ignored. The term “instrument” and the phrase “instrument or contract having the force of law” shall most definitely be deemed to include the 1995 Regulations, which regulate the payment of gratuity to the appellant.”

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W.P.(C) No.30688 of 2019 & Con.cases.

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It is pertinent to note that the definition of

¶203

‘employee’ at Section 2(e) of the Payment of Gratuity Act specifically excludes persons holding posts under the Central or State Governments. Therefore, the State Government is at liberty to fix the gratuity payable to its employees de hors the limit prescribed in the Payment of Gratuity Act. On the other hand, the employees in the institutions under the KSCSTE fall within the definition of Section 2(e) and the provisions of the Payment of Gratuity Act will apply with all force.

¶204

The legal position being as above, the impugned amendment having the effect of limiting the gratuity payable to the petitioners to an amount less than their entitlement under Section 4(3) of the Payment of Gratuity Act, is illegal and unsustainable.

¶205

In the result, the writ petitions are

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W.P.(C) No.30688 of 2019 & Con.cases.

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allowed. The impugned order (Council (M) Order No.98/2019/KSCSTE dated 16.08.2019) is quashed, without prejudice to the KSCSTE’s right to amend Clause 14 of Section II Part 1 of the KSCSTE Service Rules and Regulations in tandem with the provisions of the Payment of Gratuity Act.

Sd/-

V.G.ARUN JUDGE

Scl/

W.P.(C) No.30688 of 2019 & Con.cases.

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APPENDIX OF WP(C) 30688/2019

¶214

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE RULE OF THE KERALA STATE COUNCIL FOR SCIENCE TECHNOLOGY AND ENVIRONMENT (KSCSTE) EMPLOYEE'S RULES EXHIBIT P2 TRUE COPY OF THE ORDER NO.64/2010/KSCSTE DATED 21.05.2010 EXHIBIT P3 TRUE COPY OF THE LETTER NO.3070/C5/2011/KSCSTE DATED 20.09.2011 EXHIBIT P4 TRUE COPY OF THE ORDER NO.98/2019/KSCSTE DATED 16.08.2019 EXHIBIT P5 TRUE COPY OF THE COPY OF THE AMENDMENT MADE AS ACT NO.12 OF 2018 IN THIS REGARD DATED 29.03.2018 EXHIBIT P6 TRUE COPY OF MINISTRY OF LABOUR AND EMPLOYMENT PUBLISHED A NOTIFICATION ON 03/03/2018

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W.P.(C) No.30688 of 2019 & Con.cases.

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APPENDIX OF WP(C) 13364/2021

¶218

PETITION	ER EXHI	BITS
Exhibit	P1	TRUE COPY OF THE EXTRACT OF RULE OF KEERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE) EMPLOYEE'S RULES
Exhibit	P2	TRUE COPY OF THE ORDER NO. 64/2010/KSCSTE DATED 21-05-2010 AND ITS TYPED COPY
Exhibit	P3	TRUE COPY OF THE LETTER NO. 3070/CS/2011/KSCSTE DATED 20-09-2011
Exhibit	P4	TRUE COPY OF THE ORDER NO. 98/2019/KSCSTE DATED 16-08-2019
Exhibit	P5	TRUE COPY OF THE COPY OF THE AMENDMENT MADE AS ACT NO. 12 OF 2018 IN THIS REGARD DATED 29-03-2018
Exhibit	P6	TRUE COPY OF NOTIFICATION PUBLISHED BY MINISTRY OF LABOUR AND EMPLOYMENT ON 30-03-2018)
Exhibit	P7	TRUE COPY OF THE REQUEST OF THE PETITIONER TO THE REGISTRAR IN CHARGE DATED 06-05-2021
Exhibit	P8	TRUE COPY OF THE REPLY FROM THE REGISTRAR IN CHARGE VIDE LETTER NO. CWRDM/2084-E1 DATED 31-05-2021
Exhibit	P9	TRUE COPY OF THE ORDER NO. CWRDM/36/2020-E1 DATED 31-05-2021
Exhibit	P10	TRUE COPY OF THE ORDER CWRDM/2084/2018-E1 DATED 31-05-2021 FIXING THE GRATUITY OF THE PETITIONER AS RS. 14,00,000/-

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W.P.(C) No.30688 of 2019 & Con.cases.

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APPENDIX OF WP(C) 29452/2019

¶222

PETITION	ER EXH	IBITS
EXHIBIT	P1	TRUE COPY OF THE EXTRACT OF RULE OF KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE), EMPLOYEES RULES,
EXHIBIT	P2	TRUE COPY OF THE ORDER NO.64/2010/KSCSTE DATED 21.05.2010
EXHIBIT	P3	TRUE COPY OF THE LETTER NO.3070/C5/2011/KSCSTE DATED 20.09.2011
EXHIBIT	P4	TRUE COPY OF THE ORDER NO.98/201/KSCSTE DATED 16.08.2019
EXHIBIT	P5	TRUE COPY OF THE COPY OF THE AMENDMENT MADE AS ACT NO.12 OF 2018 IN THIS REGARD DATED 29.03.2018
EXHIBIT	P6	TRUE COPY OF MINISTRY OF LABOUR AND EMPLOYMENT PUBLISHED A NOTIFICATION ON 30.03.2018
EXHIBIT	P7	TRUE COPY OF THE RECORDS SHOWING THE ELIGIBILITY AND PAYMENT OF THE 1ST PETITIONER DATED 01.10.2019

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W.P.(C) No.30688 of 2019 & Con.cases.

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APPENDIX OF WP(C) 30643/2019

¶226

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE RULE OF THE KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE) EMPLOYEES' RULES. EXHIBIT P2 TRUE COPY OF THE ORDER NO.64/2010/KSCSTE DATED 21.05.2010. EXHIBIT P3 TRUE COPY OF THE LETTER NO.3070/C5/2011/KSCSTE DATED 20.09.2011. EXHIBIT P4 TRUE COPY OF THE ORDER NO.98/2019/KSCSTE DATED 16.08.2019. EXHIBIT P5 TRUE COPY OF THE COPY OF THE AMENDMENT MADE AS ACT NO.12 OF 2018 IN THIS REGARD DATED 29.03.2018. EXHIBIT P6 TRUE COPY OF MINISTRY OF LABOUR AND EMPLOYMENT PUBLISHED A NOTIFICATION ON 30.03.2018.

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W.P.(C) No.30688 of 2019 & Con.cases.

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APPENDIX OF WP(C) 32107/2019

¶230

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE RULE OF THE KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE) EMPLOYEES RULES. EXHIBIT P2 TRUE COPY OF THE ORDER NO. 64/2010/KSCSTE DATED 21-05-2010. EXHIBIT P3 TRUE COPY OF THE LETTER NO. 3070/CS/2011/KSCSTE DATED 20-09-2011. EXHIBIT P4 TRUE COPY OF THE ORDER NO. 98/2019/KSCSTE DATED 16-08-2011. EXHIBIT P5 TRUE COPY OF THE COPY OF THE AMENDMENT MADE AS ACT NO. 12 OF 2018 IN THIS REGARD DATED 29-03-2018. EXHIBIT P6 TRUE COPY OF MINISTRY OF LABOUR AND EMPLOYMENT PUBLISHED A NOTIFICATION ON 30-03-2018.

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Dr.P.K.Tulasidas v. Kerala State Council for Science, Technology and Environment

Case brief

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Dr.P.K.Tulasidas v. Kerala State Council for Science, Technology and Environment

Case brief

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