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. 5754 of 2005(I) -------------------------------------- PETITIONER: -------------------- M.S.THOMAS, AGED 55 YEARS, S/O.XAVIER, OVERSEER, (RETD.), LINE MAINTENANCE SECTION, K.S.E.B. CHALAKUDY, RESIDING AT MANGALAKADAN HOUSE, KARUKUTTY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENTS: -------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (H.R.M), K.S.E.B., VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY SRI.C.K.KARUNAKARAN, SC,KSEB - R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5754/2005 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BOARD ORDER DTD. 13/12/1989. EXT.P2: COPY OF THE ORDER NO.461/01 PSI/3141/2001 DTD. 23/2/2001 ISSUED BY THE BOARD. EXT.P3: COPY OF THE ORDER G.O.(P) NO.794/2000/FIN DTD. 4/4/2000. EXT.P4: COPY OF THE ORDER DTD. 30/06/2000 ISSUED BY THE BOARD. EXT.P5: COPY OF THE JUDGMENT DTD. 17/03/2004 IN WP(C) NO.9271/2004 OF THE HONOURABLE HIGH COURT OF KERALA. EXT.P6: COPY OF THE JUDGMENT DTD. 10/03/2003 IN O.P.NO.674/2002 OF THE HONOURABLE HIGH COURT OF KERALA. EXT.P7: COPY OF THE JUDGMENT DTD. 8/1/2008 IN WPC.NO. 27257/2007 (B). /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.5754 of 2005 I ------------------------- Dated this the 6th day of June, 2008. JUDGMENT The issue raised in the writ petition is covered by the Bench Decision of this court in W.A.No.1062/03 and connected cases. Accordingly, following the dictum laid down by this court, it is declared that the directions issued by the Bench in the said case is applicable to the petitioner also. The writ petition is, therefore, disposed of directing the Electricity Board to disburse to the petitioner the gratuity due to him after computing the same in accordance with the provisions of Payment of Gratuity Act. The balance amount shall be disbursed within a period of one month from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//