IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 5442 of 2005(W) -------------------------------- PETITIONER(S): ------------------- V.V.GANAPATHY, RETD. ASSISTANT ENGINEER, K.S.E.BOARD, RESIDING AT VELLOORATHU HOUSE, NARIYAMPARA P.O., KATTAPPANA. BY ADV. SRI.R.RAGHUKUMAR (ALUVA) RESPONDENT(S): -------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. * ADDL. R3 IMPLEADED. 3. THE DIRECTOR, VIGILANCE AND ANTI.CORRUPTION BUREAU, THIRUVANANTHAPURAM. * IMPLEADED AS PER ORDER DATED 22/07/2005 IN IA. 10140/05 R1 & R2 BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ WP(C).No. 5442/2005(W) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF THE DEPUTY CHIEF ENGINEER DATED 03/12/2004. P2: COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER DATED 30/04/2001. RESPONDENT'S EXHIBITS NNIL /TRUE COPY/ P.A. TO JUDGE SVS/ S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.5442 OF 2005 ------------------------------- Dated this the 23rd day of September, 2010 J U D G M E N T The petitioner retired from the service of the Kerala State Electricity Board as an Assistant Executive Engineer on 28.2.2003. On the basis of the pendency of some vigilance case, the petitioner’s gratuity amount has not been paid. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “a) issue a writ of mandamus directing the respondents to forthwith disburse the Gratuity due to the Petitioner with statutory interest thereon from the date of retirement till the date of payment. b) issue a direction to the respondents to pay the petitioner Rs.1,500/- as costs of these proceedings” 2. A statement has been filed by the respondents, wherein the stand taken is that the DCRG can be paid to the petitioner only on obtaining concurrence of the Government Vigilance Department. 3. More than 7 ½ years have elapsed since the retirement of the petitioner. The Standing Counsel for the Board W.P.(c)No.5442/05 2 is unable to tell me as to whether any final order has been passed withholding any amount from the petitioner’s gratuity. The gratuity due to a retired employee cannot be withheld indefinitely on the ground of want of clearance from the Vigilance Department. In the above circumstances, this writ petition is disposed of with a direction to the respondents to disburse the DCRG due to the petitioner within one month from the date of receipt of a copy of this judgment. If necessary, they may obtain a simple bond without sureties in respect thereof, if still vigilance clearance is pending. S. SIRI JAGAN, JUDGE acd W.P.(c)No.5442/05 3 W.P.(c)No.5442/05 4