Kerala High Court
N .Vijaya Kumar vs Kerala State Council For Science And ... on 13 November, 2019
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941
WP(C).No.6569 OF 2019(U)
PETITIONER:
N .VIJAYA KUMAR,
AGED 65 YEARS,
S/O.N.V.NAIR, VEGA PAVILION, CIVIL STATION P.O.,
CALICUT, PIN-673020.
BY ADVS.
SRI.I.YOHANNAN
SRI.MANJU ANTONEY
RESPONDENTS:
1 KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY
(KSCSTE),
REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT,
SASTRA BHAVAN, PATTOM.P.O., THIRUVANANTHAPURAM, PIN-
695004.
2 THE MEMBER SECRETARY,
KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY
(KSCSTE), SASTRA BHAVAN, PATTOM.P.O.,
THIRUVANANTHAPURAM, PIN-695004.
3 NATIONAL TRANSPORTATION PLANNING AND RESEARCH CENTRE
(NATPAC),
REPRESENTED BY ITS DIRECTOR, SASTRA BHAVAN,
PATTOM.P.O., THIRUVANANTHAPURAM, PIN-695004.
4 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF SCIENCE AND TECHNOLOGY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019
2
BY ADVS. SMT.BINDUMOL JOSEPH
SRI.B.S.SYAMANTHAK
SRI.C.M.SURESH BABU,SPECIAL GOVT. PLEADER
SRI.P.V.ANOOP,SC
SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.11.2019, ALONG WITH WP(C).16834/2019(D), WP(C).21606/2019(A),
WP(C).26281/2019(I), WP(C).6978/2019(V), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941
WP(C).No.16834 OF 2019(D)
PETITIONERS:
1 JOSE.K.I,
AGED 60 YEARS,
S/O. N K ITTEN,
NEDILAMATTATHIL HOUSE, EAST MARADY P.O.,
MUVATTUPUZHA, ERNAKULAM DISTRICT - 686 673.
2 MOHAN KUMAR AP,
AGED 61 YEARS,
S/O. KRISHNA KURUP,
MEETHALE PUTHUR HOUSE, PONMERI PARAMBIL P.O.,
VILLIAPPALY KOZHIKODE DISTRICT - 673 542.
3 RADHAKRISHNAN .N, AGED 60 YEARS,
S/O.T.K.NADARAJAN, GADHA, GURUVIHAR ROAD,
KADAKKAVUR P.O., THIRUVANANTHAPURAM - 691 578.
4 MR. PADMAKUMARAN .V,
AGED 62 YEARS,
S/O.P VELAYUDHAN NAIR, PADMASREE PIRIYACODE,
OORUTTAMBALAM P.O.,
THIRUVANANTHAPURAM DISTRICT - 695 507.
5 REMA BAI.R.,
AGED 67 YEARS,
W/O. GOPALAKRISHNAN ,
KOLLUVELIL MANGALATHUTHAZHAAAM,
KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT - 686 662.
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019
4
BY ADVS.
SRI.MANJU ANTONEY
SRI.I.YOHANNAN
RESPONDENTS:
1 KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY
(KSCSTE)
REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT,
SASTRABHAVAN PATTOM P.O.,
THIRUVANANTHAPURAM - 695 004.
2 THE MEMBER SECRETARY,
KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY
(KSCSTE),
SASTRABHAVAN, PATTOM P.O.,
THIRUVANANTHAPURAM - 695 004.
3 THE EXECUTIVE DIRECTOR,
CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT (CWRDM), KUNNAMANGALAM P.O.,
KOZHIKODE - 673 571.
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF SCIENCE AND TECHNOLOGY,
THIRUVANANTHAPURAM 695 001.
BY ADV. SRI.C.M.SURESH BABU,SPECIAL GOVT. PLEADER
SRI.P.V.ANOOP,SC
SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.11.2019, ALONG WITH WP(C).21606/2019(A), WP(C).26281/2019(I),
WP(C).6569/2019(U), WP(C).6978/2019(V), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941
WP(C).No.21606 OF 2019(A)
PETITIONER:
DR.S.USHAKUMARI,
AGED 64 YEARS,
D/O.SRI GOPINATHAN, DELUXE APARTMENT, KUMBIDI P.O.,
PERUMBALAM, PIN CODE- 679553, DIST PALGHAT.
BY ADVS.
SRI.I.YOHANNAN
SRI.MANJU ANTONEY
RESPONDENTS:
1 KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY
(KSCSTE),
REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT,
SASTRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM,
PIN- 695001.
2 THE MEMBER SECRETARY,
KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY
(KSCSTE), SASTRABHAVAN, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN- 695001.
3 THE EXECUTIVE DIRECTOR,
CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT (CWRDM), KUNNAMANGALAM(PO),
KOZHIKODE- 673571.
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVT.,
DEPARTMENT OF SCIENCE AND TECHNOLOGY,
THIRUVANANTHAPURAM, PIN- 695001.
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019
6
BY ADV. SRI.C.M.SURESH BABU,SPECIAL GOVT. PLEADER
SRI.P.V.ANOOP,SC
SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.11.2019, ALONG WITH WP(C).16834/2019(D), WP(C).26281/2019(I),
WP(C).6569/2019(U), WP(C).6978/2019(V), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941
WP(C).No.26281 OF 2019(I)
PETITIONERS:
1 K.K.ABDUL NAZIR,
AGED 63 YEARS,
S/O.K.ASSAN KOYA, KUNNANAN KUZHIYIL HOUSE,
MUTTANCHERRY P.O., NARIKKUNI,
CALICUT DISTRICT-673 585.
2 JAYA PRAKASAN .M,
AGED 63 YEARS,
S/O. APPU NAIR, SREE LAKSHMI, ATHOLI P.O.,
CALICUT DISTRICT - 673 315.
BY ADVS.
SRI.I.YOHANNAN
SRI.MANJU ANTONEY
RESPONDENTS:
1 KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY
(KSCSTE)
REPRESENTED BY ITS EXECUTIVE VICE PRESIDENT,
SASTRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM,
PIN-695 004.
2 THE MEMBER SECRETARY,
KERALA STATE COUNCIL FOR SCIENCE AND TECHNOLOGY
(KSCSTE),
SASTRA BHAVAN, PATTOM P.O., THIRUVANANTHAPURAM,
PIN-695 004.
3 THE EXECUTIVE DIRECTOR,
CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT (CWRDM),
KUNNAMANGALAM (P.O.), KOZHIKODE-673 571.
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019
8
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF SCIENCE AND TECHNOLOGY,
THIRUVANANTHAPURAM, PIN-695 001.
5 STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF FINANCE, THIRUVANANTHAPURAM,
PIN-695 001.
BY ADV. SRI.C.M.SURESH BABU,SPECIAL GOVT. PLEADER
SRI.P.V.ANOOP,SC
SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.11.2019, ALONG WITH WP(C).16834/2019(D), WP(C).21606/2019(A),
WP(C).6569/2019(U), WP(C).6978/2019(V), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941
WP(C).No.6978 OF 2019(V)
PETITIONERS:
1 JAMEELA.K.P,
AGED 64 YEARS,
W/O. MUHAMMED V.P, (RETIRED TYPIST,
CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT, KUNNAMANGALAM, KOZHIKODE - 673571)
RESIDING AT KULIRMA BHAVAN, KUNNAMANGALAM P.O,
KOZHIKODE-673 571.
2 PATHUTTY .C,
AGED 60 YEARS,
D/O. LATE ALAVIKUTTY, (RETIRED TECHNICAL OFFICER,
CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT, KUNNAMANGALAM, KOZHIKODE - 673571)
RESIDING AT EDAVANAPOIL HOUSE, ERAVATTOOR P.O,
PERAMBRA VIA, KOZHIKODE-673 525.
BY ADVS.
SRI.THAMPAN THOMAS
SRI.B.V.JOY SANKER
SMT.R.RAJASREE (CHUTTIMATTATHIL)
RESPONDENTS:
1 KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT, REPRESENTED BY ITS MEMBER SECRETARY ,
SASTHRA BHAVAN, PATTOM P.O,
THIRUVANANTHAPURAM-695004.
2 CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT,
KUNNAMANGALAM, KOZHIKODE 673571,
REPRESENTED BY ITS REGISTRAR.
3 EXECUTIVE DIRECTOR,
CENTRE FOR WATER RESOURCES DEVELOPMENT AND
MANAGEMENT, KUNNAMANGALAM, KOZHIKODE-673 571.
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019
10
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF SCIENCE AND TECHNOLOGY, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
BY ADV. SRI.C.M.SURESH BABU,SPECIAL GOVT. PLEADER
SRI.P.V.ANOOP,SC
SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.11.2019, ALONG WITH WP(C).16834/2019(D), WP(C).21606/2019(A),
WP(C).26281/2019(I), WP(C).6569/2019(U), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019
11
JUDGMENT
Petitioners in all these cases seek directions to the respective respondents to pay them the balance gratuity without any ceiling.
2. Petitioner in W.P.(C) No.6569/2019, retired from service on 30.06.2013 (as per I.A.No.1/2019), while working in National Transportation Planning and Research Centre - the 3rd respondent. Petitioners in W.P.(C) No.6978/2019 retired from service on 30.06.2014 and 31.03.2015, while working in Centre for Water Resources Development and Management. Petitioners in W.P.(C) No.16834/2019 retired from service on 31.05.2019, 31.05.2019, 30.04.2019, 30.10.2016 and 28.02.2013 respectively from Centre for Water Resources Development and Management. Petitioner in W.P.(C) No.21606/2019 retired from service on 30.11.2014, while working in CWRDM. Petitioners in W.P.(C) No.26281/2019 retired from CWRDM on 31.08.2016 and 30.11.2015 respectively. The respondents have paid a sum of Rs.10,00,000/- only towards the gratuity under the WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019 12 guise of ceiling.
3. The issue regarding payment of gratuity to the employees under the respondents is covered by a series of judgments including the judgment dated 29.01.2019 in W.P.(C) No.34450/2018 and connected cases. This Court had in the judgment in W.P.(C) No.2241/2012, which was affirmed by the Division Bench in its judgment dated 01.10.2015 in W.A.No.1/2015, after interpretation of the provisions contained in Rule 14.1 of the KSCSTE Service Rules, held that persons like petitioners are entitled to gratuity without any ceiling and that the Government has no authority to direct the Council not to pay gratuity in excess of Rs.10 lakhs and therefore the petitioners in all these cases were entitled to be paid the full amount of gratuity without any ceiling, in accordance with the provisions contained in Rule 14 of the KSCSTE Service Rules as it existed as on the date of their retirements.
Therefore there shall be a direction to the WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019 13 respondents to see that the balance gratuity due to petitioners i.e., in excess of the sum of Rs.10 lakhs already paid to them is disbursed to the petitioners within a period of two months from the date of receipt of a copy of the judgment, along with interest of 10% p.a., from the date of expiry of two months from the respective dates of their retirement.
Accordingly, this writ petition is disposed of.
Sd/-
P.V.ASHA JUDGE ww WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019 14 APPENDIX OF WP(C) 6569/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXTRACT OF KSCSTE SERVICE RULES SEC II PART I RULE 14.
EXHIBIT P2 COUNCIL (M) ORDER NO.3/2010/KSCSTE DATED 8.1.2010.
EXHIBIT P3 COUNCIL (M) ORDER NO.64/2010/KSCSTE DATED 21.5.2010.
EXHIBIT P4 COPY OF RULE 4 OF "PAYMENT OF GRATUITY ACT 1972".
RESPONDENTS' EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE LETTER NO.3070/C5/2011/ KSCSTE DATED 20/9/2011.
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019 15 APPENDIX OF WP(C) 16834/2019 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF KSCSTE SERVICE RULES SEC II PART I RULE 14.
EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF ERSTWHILE CWRDM SERVICE RULE, PART II, RULE 44.
EXHIBIT P3 TRUE COPY OF CWRDM PROCEEDINGS NO.E1-275/08 DATED 21.01.2010 EXHIBIT P4 TRUE COPY OF PROCEEDINGS NO.CWRDM/E1-1671/ 2017/10TH PR DATED 7.11.2017.
EXHIBIT P5 TRUE COPY OF COUNCIL(M) ORDER NO.
64/2010/KSCSTE DATED 21.5.2010.
EXHIBIT P6 TRUE COPY OF RULE 4 OF "PAYMENT OF GRATUITY ACT 1972".
EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 29/1/2019 IN WPC 39379/2018.
RESPONDENTS' EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE LETTER NO.3070/C5/2011/ KSCSTE DATED 20/9/2011.
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019 16 APPENDIX OF WP(C) 21606/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF EXTRACT OF KSCSTE SERVICE RULES SEC II PART I RULE 14.
EXHIBIT P2 TRUE COPY OF EXTRACT OF ERSTWHILE CWRDM SERVICE PART II RULE 44.
EXHIBIT P3 TRUE COPY OF COUNCIL (M) ORDER NO.3/2010/ KSCSTE DATED 08.01.2010.
EXHIBIT P4 TRUE COPY OF CWRDM PROCEEDINGS NO.E1-275/08 DATED 21.01.2010.
EXHIBIT P5 TRUE COPY OF COUNCIL (M) ORDER NO.64/2010/ KSCSTE DATED 21.05.2010.
EXHIBIT P6 TRUE COPY OF KSCSTE LETTER NO.3070/C5/2011/ KSCSTE DATED 20.09.2011.
EXHIBIT P7 TRUE COPY OF RULE 4 OF "PAYMENT OF GRATUITY ACT 1972".
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019 17 APPENDIX OF WP(C) 26281/2019 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF KSCSTE SERVICE RULES SEC II PART I RULE 14.
EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF ERSTWHILE CWRDM SERVICE RULE, PART II, RULE 44.
EXHIBIT P3 TRUE COPY OF CWRDM PROCEEDINGS NO.CWRDM/E1- 1671/2017/10TH PR DATED 07.11.2017.
EXHIBIT P4 TRUE COPY OF COUNCIL (M) ORDER NO.64/2010/ KSCSTE DATED 21.05.2010.
EXHIBIT P5 TRUE COPY OF RULE OF "PAYMENT OF GRATUITY ACT 1972".
EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 01.06.2017 IN WPC 11220/2015.
WP(C).Nos.6569, 6978, 16834, 21606 & 26281 OF 2019 18 APPENDIX OF WP(C) 6978/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF RULE 14.1.
EXHIBIT P2 TRUE COPY OF THE RULE 4 EXTRACT OF RULE 4 OF KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT (KSCSTE) EMPLOYEES' RULES.
EXHIBIT P3 TRUE COPY OF THE EXTRACT OF RELEVANT PAGES RELATING TO PAYMENT OF GRATUITY OF THE RULES AND REGULATIONS OF THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE WORK SHEET OF GRATUITY PAID AND THE BALANCE DUE.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO.11220 OF 2015 DATED 01-06-2017.
RESPONDENTS' EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE LETTER NO.3070/C5/2011/ KSCSTE DATED 20/9/2011.