IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 17440 of 2008(A) -------------------------------- PETITIONERS: ---------------- 1. THANKAPPAN, S/O. NARAYANAN ACHARI THECKANNIKATTU HOUSE, KOLAHLAMEDU WAGAMON, IDDUKI DISTRICT. 2. G.PERUMAL, S/O. A.GOVINDAN SREEVILASAM, KOLAHLAMEDU WAGAMON, IDDUKI DISTRICT. 3. N.K.GEORGE, S/O. KURAIN, NELPURAKKAL HOUSE,KOLAHLAMEDU, WAGAMON IDDUKI DISTRICT. 4. P.P.KUNJUMON, PAZHANILATHIL HOUSE KOLAHLAMEDU, WAGAMON, IDDUKI DISTRICT. BY MR.JOMY GEORGE, ADVOCATE. RESPONDENTS: ------------------ 1. COLLEGE OF DIARY SCIENCE AND TECHNOLOGY KOLAHLMEDU,REPRESENTED BY ITS ASSOCIATE DEAN. 2. REGISTRAR, KERALA AGRUCULTURAL UNIVERSITY THIRUVANANTHAPURAM. 3. KERALA AGRUCULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR. BY MR. MUHAMOOD, SR. GOVERNMENT PLEADER. MR.RENJITH THAMPAN,SC,KERALA AGRL.UTY FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17440/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE ORDER ISSUED BY THE R3 WITH REGARD TO THE SERVICE CONDITIONS OF THE THEN EXISTING EMPLOYEES OF the KERALA LIVES STOCK DEVELOPMENT BOARD DTD. 5.9.00. EXT. P2 : COPY OF THE LETTER ISSUED BY THE MANAGING DIRECTOR OF KERALA LIVES STOCK DEVELOPMENT BOARD DTD. 27.1.04. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17440 OF 2008 --------------------------------------- Dated this the 8th day of June, 2009. J U D G M E N T The petitioners 1 and 2 are working as unskilled attendants, 3rd petitioner as skilled plant operator and the 4th petitioner as semi skilled veterinary attendant. They have retired from service on 31.03.2006, 31.12.2007, 30.11.2005 and 31.03.2008 respectively. 2. Earlier the establishment was being run by the Indo Swiss Milk Project which was later transferred to Kerala Live Stock Development Board. The 3rd respondent-University took over the assets of the Kerala Live Stock Development Board pursuant to Government Order dated 08.03.2000. The said fact is evident from Exhibits P1 and P2. 3. The main prayer in the writ petition is for a direction to the respondent to sanction and disburse gratuity and other pensionary benefits to the petitioners with 18% interest. W.P.(C) No.17440/2008 2 4. The respondents have filed a counter affidavit pointing out that the retirement benefits are being computed as per the regulations of the K.L.D Board. Various reasons have been pointed out as to how the delay occurred in the matter. It is finally submitted in paragraph 11 of the counter affidavit that the University is taking earnest efforts to release gratuity to the petitioners within the limit of financial crisis. Learned counsel for the University submitted that amounts can be disbursed within a period of three months. Therefore, this writ petition is allowed and the 3rd respondent is directed to disburse the amount of gratuity to the petitioners along with statutory interest within a period of three months from today. T.R. RAMACHANDRAN NAIR JUDGE smp