Disposed

Geetha.P.C. v. Kerala State Electricity Board Limited

Kerala HC24 Jul 2024WP(C)/32829/2014

Case brief

AI extract

What is this about?

Widow of a deceased KSEB Sub Engineer challenged a Board order directing recovery of alleged excess DCRG from her pension arrears. The court held gratuity deductions require a contingency under Section 4(6) or recourse to the controlling authority, quashed the recovery order and disposed of the petition.

What did the court decide?

Recovery order Ext.P3 dated 29.09.2014 directing deduction of Rs.1,95,259/- was quashed.

Geetha.P.C. Vs Kerala State Electricity Board… — Pension and Retirement Benefits | Kerala HC (2024)

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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.M.MANOJ

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WEDNESDAY, THE 24^TH DAY OF JULY 2024 / 2ND SRAVANA, 1946

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WP(C) NO. 32829 OF 2014

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PETITIONER:

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GEETHA.P.C. AGED 47 YEARS

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W/O.LATE BALAN A.K., LEKSHMI NIVAS, MYTHRI NAGAR, WEST KODUNGALLOOR P.O., ALANGAD, ERNAKULAM DISTRICT.

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BY ADV SRI.K.SUNILKUMAR

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RESPONDENTS:

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1 KERALA STATE ELECTRICITY BOARD LIMITED REP.BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004.

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2 CHIEF ENGINEER(HRM) KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI BHAVANAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN 695 004.

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3 ACCOUNTS OFFICER (PENSION AUTHORISATION) KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695 004.

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4 THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LTD, ELECTRICAL DIVISION, ERNAKULAM-682 030.

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BY ADV SRI.M.K.THANKAPPAN, SC, KERALA STATE ELECTRICITY BOARD LIMITED

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No. 32829 of 2014

P.M. MANOJ, J

- - - - Dated this the 24^th day of July, 2024

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JUDGMENT

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The widow of late A.K. Balan, who expired on 02.06.2010,

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while in the service of respondents as Sub Engineer is the petitioner herein. Gratuity amount of Rs.3,07,908/- under the payment of Gratuity Act, 1972 (for short ‘Act, 1972’) was disbursed to the petitioner. The petitioner received Ext.P3 letter dated 29.09.2014 from the 2^nd respondent directing to recover Rs.1,95,259/- from the arrears of pension and future claims stating that DCRG was paid to the petitioner in excess.

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Heard learned counsel for the petitioner as well as the learned Standing Counsel for the respondents.

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As rightly pointed out by the learned counsel for the petitioner, if the respondents have any dispute regarding the amount of gratuity payable, they have to approach the controlling authority appointed under the Act to resolve the issue. No deduction can be made by the employer from the gratuity payable to an employee, except when a contingency as

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WP(C) No. 32829 of 2014

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contemplated under Section 4(6) of the Act, 1972 arises. Here

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no such instances are pointed out in Ext.P3. Hence Ext.P3 is quashed.

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The Writ Petition is disposed of accordingly.

Sd/-

P.M. MANOJ

JUDGE

ttb

WP(C) No. 32829 of 2014

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APPENDIX OF WP(C) 32829/2014

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PETITIONER’S EXHIBITS :

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EXHIBIT-P1: A TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S DECEASED HUSBAND.

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EXHIBIT-P2: A TRUE COPY OF THE ORDER DATED 21/12/2010 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT-P3: A TRUE COPY OF THE SAID ORDER NO.P.A.III/PPO 39167 DATED 29/09/2014 ISSUED BY THE 3RD RESPONDENT.

Geetha.P.C. v. Kerala State Electricity Board Limited

Case brief

What is this about?

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Geetha.P.C. v. Kerala State Electricity Board Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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