Document Fragment View

Matching Fragments

W.P.(C).Nos.2241/2012 & 25584/2011:

All the 20 petitioners in W.P.(C).No. 2241/2012, except 11th, 15th, 18th and 20th petitioners, have retried from the service of the 3rd respondent-Kerala Forest Research Institute (KFRI), which comes under the 1st respondent-Kerala State Council for Science, Technology and Environment (KSCSTE). The petitioners had entered the service of the above said 3rd respondent, KFRI as Scientists and they claimed to have distinguished service and accomplishments in their scientific career to their credit. The 1st respondent-Council is an autonomous body constituted at the initiative of the respondent State Government and it has been registered as a society under the provisions of the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The formation of the said new society was envisaged by the Government in terms of G.O W.P.C.2241/12 & 25584/11 etc. - : 2 :-
(P) No.76/2002/S&TD dated 6.11.2002. After the registration of the Council as a society under the provisions of the aforementioned Societies Registration Act, the 1st respondent has also formulated their separate rules for regulating the service conditions and other allied matters, which according to the pleadings of the official respondents, has been made effective from 19.6.2003. Six research institutions, viz., (1) Kerala Forest Research Institute (KFRI), (2) Centre for Earth Science Studies (CESS), (3) Tropical Botanic Garden and Research Institute (TBGRI), (4) Centre for Water Recourses Development and Management (CWRDM), (5) National Transportation, Planning and Research Centre (NATPAC) and (6) Kerala School of Mathematics (KSM), have been brought under umbrella of the 1st respondent-Council. Prior to the formation of the 1st respondent-Council, these six individual institutions were functioning without coming under the ambit of a single umbrella organization and they had their own rules. The terms and conditions of payment of gratuity and retiral benefits to the employees of the 3rd respondent-KFRI, prior to the formation of the 1st respondent-
14.2. Service of six months and above shall be reckoned as one year for this purpose.
14.3. Unless, otherwise specifically provided, the service that qualifies for increment shall qualify for gratuity. 14.4. Any amount owed by a retired employee to the Council shall be recovered from the gratuity of the employee."

The gratuity amounts payable to any employee under the 3rd respondent-KFRI has been linked with the Life Insurance Corporation of India (LIC), whereunder premiums are paid by the 3rd respondent-KFRI to the LIC based on the gratuity amounts payable to the employee concerned in terms of Ext.P3 and the LIC makes the payment of gratuity amount to the 3rd respondent-KFRI at the time of retirement of the employee concerned who in turn effects the payment of gratuity to the employee concerned. Exts.P4 and P5 are the receipts of payments made by the LIC to the 3rd respondent in respect of the gratuity payable to one Dr.Renuka and one Dr.George Mathew who are petitioners 1 and 2 respectively in W.P. (C).No. 25584/2011. Ext.P6 is the list of employees to whom the gratuity has been paid in terms of Ext.P3 rules, consequent on their retirement from service.

5. It appears that the Central Government in their pay revision orders meant for CSIR pay scale posts in Central institutions had stipulated a maximum ceiling limit of Rs. 10 lakhs as gratuity amount payable and in view of this aspect, there arose some doubts as to whether such a maximum ceiling limit for gratuity would be W.P.C.2241/12 & 25584/11 etc. - : 7 :-

applicable to the personnel of the respondent-institutions like the KFRI. The Executive Vice President of the 1st respondent-Council, who is the Chief Executive Officer of the Council and who is also the Chairman of the Executive Committee of the Council, considered the matter and issued instructions to dispel all doubts. This is evident from Ext.P7 proceedings dated 21.5.2010. In Ext.P7 it has been ordered by the Executive Vice President/Chief Executive Officer of the 1st respondent-Council that the payment of gratuity to the employees of the 1st respondent-Council and its R&D centres like the KFRI etc., is governed by the aforementioned Rule 14 of Ext.P3 rules and that those rules do not stipulate any upper limit for payment of gratuity payable to such employees at the time of retirement. Accordingly, it has been ordered that the gratuity shall be payable without any upper limit as has been provided in the rules of the 1st respondent- Council. Long after 21 months after the issuance of G.O(Ms.) dated 8.1.2010 and about 16 months after the issuance of Ext.P7 proceedings dated 21.5.2010, the Member Secretary of the 1st respondent-Council issued Ext.P8 proceedings dated 20.9.2011 ordering that though gratuity is granted to the employees of the 1st respondent-Council and its R&D centres as per W.P.C.2241/12 & 25584/11 etc. - : 8 :-