IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 11526 of 2008(V) -------------------------- PETITIONER: ------------ E.P.KUNHIRAMAN, FORMER SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD, NOW RESIDING AT 28/1797, "SREELAKSHMI", PANORAMA NAGAR, KADAVANTHRA, KOCHI-20. BY ADV. SRI.S.RAMESH BABU RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY SECRETARY, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN,PATTOM, THIRUVANANTHAPURAM. 3. THE FINANCIAL ADVISER & CHIEF ACCOUNTS OFFICER, KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN,PATTOM, THIRUVANANTHAPURAM. BY STANDING COUNSEL SRI.K.S.ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO.11526 of 2008 --------------------------------- Dated this the 6th day of June, 2008 JUDGMENT The petitioner retired from the service of the Board on 31.5.1996. He is aggrieved that the entire amount due to him by way of gratuity has not been disbursed to him so far. According to the petitioner, gratuity payable to the employees of the Board cannot be considered as DCRG as the term is understood in the KSR but it is regulated by the Payment of Gratuity Act. This position, according to the learned counsel for the petitioner is laid down by a bench of this court in Ext.P6 judgment. 2. Apparently, as per Ext.P5 dated 14.11.2007 the Board has ordered recovery of an amount of Rs.1,12,917/- “from the amount payable to the petitioner as DCRG”. This has been challenged in this writ petition. 3. On 4.4.2008 learned Standing Counsel was required to file a statement as to whether any amounts are still due to the petitioner by way of gratuity. Learned Standing Counsel for WPC.11526 /2008 2 the Board today makes available a copy of the proceedings dated 9.5.2008 issued by the Chief Engineer (HRM) ordering that the loss sustained to the Board be recovered through Revenue Recovery action by invoking Kerala Public Accountants Act, 1963 or by filing a Civil Suit. The contents of the said order are incorporated hereunder: “ As per paper read 1st above, orders has been issued to recover the loss sustained to the Board amount to Rs.1,12,917/- from the DCRG of Sri. E.P.Kunhiraman, Store Keeper (Rtd) Now, as per paper read 2nd, the Deputy Chief Engineer, Electrical Circle, Kozhikode has informed that the final order dated 14.11.2007 has not been implemented since the DCRG of the delinquent has already been released. Hence, it is hereby ordered that the loss sustained to the Board be recovered through Revenue Recovery Action by invoking Kerala Public Accountants Act 1963 or by filing a Civil Suit.” 4. In circumstances where the Board has decided that the loss alleged to have been caused by the petitioner should be attempted to be recovered by means other than by forfeiture of the amount payable to the petitioner by way of gratuity, there is no reason why any amounts which are still due to the petitioner WPC.11526 /2008 3 by way of gratuity should be retained by the Board. 5. In the result, the writ petition is disposed of directing the respondents to disburse to the petitioner the amount still due to the petitioner by way of gratuity , within a period of one month from the date of receipt of a copy of this judgment. It is made clear that Ext.P5 shall not stand in the way of disbursal of the balance amount due to the petitioner by way of gratuity which is to be computed in terms of the Payment of Gratuity Act. It is further made clear that if the Board fails to pay the amount to the petitioner within one month as directed above, it shall carry interest at the rate of 12% p.a. If the Board has suffered any loss by the action of the petitioner, they may proceed in accordance with law, before a Civil Court for recovery of the amounts alleged to be due from the petitioner. V. GIRI, JUDGE. pmn/ WPC.11526 /2008 4