IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 17616 of 2009(V) PETITIONERS: 1. C.N.SANKARA KAIMAL, BOAT MASTER (RETD.) STATE WATER TRANSPORT DEPARTMENT ALAPPUZHA RESIDING AT `SHIVAM', THEKKENADA, (MADHAVA TEMPLE), THITTAMEL, CHENGANNUR P.O., ALAPPUZHA DISTRICT. 2. P.A.MOHANDAS, BOAT MASTER (RETD.) STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA, RESIDING PARUTHIPPALLY HOUSE, CHANGANKARY P.O.-689 579. 3. P.J.VARGHESE, BOAT MASTER (RETD.) STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA, RESIDING AT CHIRAYIL HOUSE, CHANGANKARY P.O.-689 579. 4. K.K.GOPI, BOAT MASTER (RETD.) STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA, RESIDING AT KRISHNA VILASAM, THAYANKARY P.O.-689 722. 5. P.O.VAVA, BOAT MASTER (RETD.) STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA, RESIDING AT PATHIL HOUSE, PALLANGADY P.O.-688 505, CHAMPAKULAM (VIA) ALAPPUZHA. 6. P.A. JOSEPH, BOAT MASTER (RETD.) STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA, RESIDING AT PANTHAPATTUCHERAIL, CHENNANKARY P.O., ALAPPUZHA-688 501. 7. K. LALASAN, BOAT MASTER (RETD.), STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA, RESIDING AT ANCHIL HOUSE, VEZHAPRA P.O.-689 595. 8. P.K.BHADRAN, BOAT MASTER (RETD.) STATE WATER TRANSPORT DEPARTMENT ALAPPUZHA, RESIDING AT PUTHENPARAMBIL, PALLURUTHY WARD, I.B.P.O., ALAPPUZHA PIN-688 001. BY ADV. SRI.M.S.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAMPRASANTH RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. 3. THE SUB TREASURY OFFICER, SUB TREASURY, CHANGANASSERY, ALAPPUZHA DISTRICT. 4. THE SUB TREASURY OFFICER, SUB TREASURY, EDATHUA, ALAPPUZHA DISTRICT. 5. THE SUB TREASURY OFFICER, SUB TREASURY, MANCOMBU, ALAPPUZHA DISTRICT. 6. THE SUB TREASURY OFFICER, SUB TREASURY, ALAPPUZHA. 7. THE ACCOUNTANT GENERAL (A & E) KERALA, TRIVANDRUM-695 039. BY SENIOR GOVT. PLEADER SRI.BENNY GERVASIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 17616 OF 2009 --------------------------------------------- Dated this the 6th day of July, 2009 JUDGMENT Balakrishnan Nair, J. The writ petitioners were Boat Masters who retired from the State Water Transport Department. They were enjoying the third higher grade in the scale of pay applicable to Traffic Superintendent at the time of their retirement. They were able to enjoy that benefit pursuant to the judgment of a Division Bench of this Court in W.A. No.2677 of 2005. By the impugned orders, gratuity of the writ petitioners was sought to be reduced on the ground that when they retired from service, they were entitled to draw salary only in the scale of pay of Rs.8,390-13,270/-, which is the higher grade they would have got on completion of 23 years of service as unqualified persons. By virtue of the decision of the Division Bench, they were able to draw higher salary in the scale of pay of Rs.10,790-18,000/-, which is the scale of pay applicable to Traffic Superintendent. W.P.(C) NO. 17616/2009 2 2. Since, the writ petitioners have retired from service drawing salary in the scale of pay of Rs.10,790-18,000/- on the strength of the judgment of this Court, we have no doubt, their gratuity should be computed treating their scale of pay as Rs.10,790-18,000/-. Therefore, the stand of the respondents, in the impugned orders, is unsupportable. Accordingly, those orders are quashed. The respondents are directed to compute and release the gratuity to the writ petitioners, treating that they retired from service drawing salary in the scale of pay of Rs.10,790- 18,000/-. The Writ Petition is allowed as above. The respondents shall release the benefits, flowing from this judgment, to the writ petitioners within three months from the date of production of a copy of this judgment. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 17616/2009 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.P.(C)NO. 17616/2009 JUDGMENT 6th July, 2009 W.P.(C) NO. 17616/2009 4