IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 31298 of 2008(A) -------------------------------------- PETITIONER: ------------------ P.C.POTHEN, PATHIL HOUSE, KURICHY P.O., CHANGANASSERY, KOTTAYAM, PIN 686 534, (VEHICLE SUPERVISOR, CHANGANASSERY RETIRED ON 31.05.2007). BY ADV. SRI.N.SASIDHARAN UNNITHAN. RESPONDENT: --------------------- KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM, PIN 795 023. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009,ALONG WITH W.P.(C). NOS. 31698/2008 & 31716/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.P(C)Nos.31298, 31698 & 31716 of 2008 ------------------------------------- Dated 12th January, 2009 JUDGMENT Koshy, Ag.C.J . In all these cases, petitioners were employees of the Kerala State Road Transport Corporation (KSRTC). Petitioner in W.P. (C)No.31298 of 2008 attained superannuation on 31.5.2007, petitioner in W.P.(C)No.31716 of 2008 on 31.12.2007 and petitioner in W.P.(C)No.31698 of 2008 on 31.3.2008. They filed writ petitions stating that their gratuity amount was not paid by the KSRTC only on the contention that there is financial difficulty. When large number of cases came up, a Division Bench of this court held that there is no justification for the delay in payment of gratuity. Gratuity is not a bounty. Employees have right to receive the same. But, in view of the financial difficulties expressed, KSRTC was directed to pay the amount considering the priority of applications. However, it was also stated by the Division Bench that the amount can be disbursed violating the priority in exceptional circumstances. It is the case of the petitioners that their daughters' marriage is fixed. Invitation cards are produced in all the writ petitions and enquiry also revealed that the averments are correct. The only dispute is whether this is an W.P.(C)31298, 31698 & 31716/2008 2 emergency or not. In the statement filed by the KSRTC also it is admitted that marriage of the daughters of petitioners is fixed as averred. But, according to the KSRTC, this is not a circumstance where gratuity can be paid out of turn. It is an admitted fact that at the time of marriage of daughters huge amount has to be spent by the parents. Even at the time of birth of a child the father has got a calculation that he will retire at a particular age and he will be able to get gratuity so that his daughter can be married. Accordingly, marriage was fixed. It is stated that in two cases, after filing the writ petitions, marriage was already conducted taking loan and the loan amount has to be repaid. In these circumstances, gratuity amount has to be paid to the employees. We direct the KSRTC to pay the DCRG admittedly due to the petitioners as expeditiously as possible, in any event, within one month from the date of receipt of a copy of this judgment. All the writ petitions are disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks