IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 29327 of 2009(I) -------------------------- PETITIONER(S): --------------- RAMARAJAN POTTI, S/O.LAKSHMI NARAYANAN EMBRANTHIRI, ANITHA VIHAR, PUZHANGAKKATU VELI, KAITHARAM P.O., NORTH PARAVOOR, PIN-683 519. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. PRESIDENT, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. THE ASSISTANT DEVASWOM COMMISSIONER, T.D.B., AMBALAPPUZHA GROUP, AMBALAPPUZHA, ALAPPUZHA DISTRICT. ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R1 TO 3 SRI.P.GOPAL FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29327 of 2009 (I) --------------------------------- Dated, this the 21st day of December, 2009 J U D G M E N T The petitioner claims that he was a Melsanthi under the 1st respondent Board. According to the petitioner, he was imposed a punishment of compulsory retirement in 1987. It is stated that thereafter he represented for pension and that was not granted. It is in these circumstances, this writ petition is filed. 2. According to the learned standing counsel, the petitioner entered service in 1977. It is stated that on 16/10/1985 while the petitioner was working at Keladidhyapuram temple, on account of certain misconducts committed, he was placed under suspension. Thereafter, proceedings were initiated and by order dated 23/07/1987, the petitioner was imposed a punishment of compulsory retirement with effect from the date of his suspension. 3. It is pointed out that as he did not have the minimum required qualifying service, he is not eligible for pension. But the respondents accept that, as he has more than 5 years of service, WP(C) No.29327/2009 -2- the petitioner is eligible for gratuity. 4. The petitioner could not placed reliance on any Rule, on the basis of which the claim for pension is made. If that be so, I am not persuaded to think that the petitioner has established his case for an order requiring payment of pension. However, as the petitioner has more than the minimum required service for gratuity, he is entitled to be paid the same. Having regard to the fact that the service book of the petitioner is misplaced, the Assistant Devaswom Commissioners, Vaikom and Ambalappuzha are directed to reconstruct the service book after gathering necessary details, and thereafter it will be up to them to get necessary sanction of the Devaswom Commissioner for payment of the gratuity, that is due to the petitioner. It is directed that this process shall be expedited, completed and payment made, as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg