IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 29823 of 2006(A) ------------------------------------ PETITIONER: ----------------- A.MOHAMMED ASHARAF, ASSISTANT EXECUTIVE ENGINER (RETIRED FROM TRANSMISSION CIRCLE, VYDHYUTHI BHAVANAM, THIRUVANANTHAPURAM). RESIDING AT KAYALAZHIKATHU HOUSE, THEKKUMBHAGOM, PARAVOOR, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: ---------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM), VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, CHATHANNOOR. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 29823/2006 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE MEMO OF CHARGES NO. EDVS/8/63/2002 DT. 6/12/2003 BY THE R2. EXT.P2. COPY OF THE WRITTEN STATEMENT DT. 24/3/2003 GIVEN BY THE PETITIONER TO THE R2. EXT.P3. COPY OF THE REVISED MEMO OF CHARGES NO. EDVS 8/63/2002 DT. 18/2/2003 BY THE R2. EXT.P4. COPY OF THE REVISED WRITTEN STATEMENT DT. 22/1/2004 BY THE PETITIONER TO THE R2. EXT.P5. COPY OF THE ORDER NO. EBVS. S8/2002/1206 BY THE R2 TO THE PETITIONER. EXT.P6. COPY OF THE OS NO. 454/2001 FILED BY SMT. VIJAYAMMA BEFORE THE SUB COURT, KOLLAM. RESPONDENT'S EXHIBITS EXT.R2A. COPY OF THE LETTER DT. 21/1/2006. True copy tga V.GIRI, J. ------------------------- W.P.(C).No.29823 of 2006 A ------------------------- Dated this the 4th day of January, 2008. JUDGMENT The petitioner, who was working as Assistant Executive Engineer in the Electricity Board, retired on 28.2.2004. His grievance is that the Death cum Retirement Gratuity due to him has not been disbursed to him, in spite of the lapse of 6 years. Though disciplinary proceedings were initiated against the petitioner by Ext.P1 dated 6.12.2003, Ext.P5 shows that the said proceedings were dropped. But Ext.P5 also states the following: “However, the Board reserves the right to realize any liability, which may be fixed in future against the Board in connection with O.S.No. 454/2001 before the Hon'ble Sub Court, Kollam, from Shri mohammed Ashraf, Assistant Executive Engineer (Retd.). The case is disposed of accordingly.” 2. O.S.No.454/01 is a suit instituted by one Vijayamma and another for damages against W.P.(C).NO.29823/06 :: 2 :: the Board and its officials. Apparently, the Board would be entitled to proceed against the petitioner only in the event of the court decreeing the said suit. If the Board suffers a decree, it is obviously entitled to take appropriate steps against the officials, who have been responsible for the negligence, which ultimately led to the tortious act that might result in the grant of a decree in the suit. But the Death cum Retirement Gratuity due to an employee cannot be withheld beyond a period of three years from the date of his retirement. The fact that O.S.No.454/01 was pending on the date of Ext.P5, may not be a shield to withhold the gratuity beyond three years from the date of retirement of the employee. In the result, the writ petition is disposed of directing the first respondent to disburse the Death cum Retirement Gratuity due to the petitioner within one month from the date of receipt of a copy of this judgment. It is W.P.(C).NO.29823/06 :: 3 :: made clear that this is without prejudice to the right of the Board to take appropriate steps for recovery of any loss that may be caused to the Board by reason of any decree, by taking appropriate steps, in accordance with law. The petitioner's claim for interest on the Gratuity amount to be granted to him is left open, to be agitated in appropriate proceedings before the civil court. Sd/- (V.GIRI) JUDGE sk/ //true copy//