IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 17727 of 2008(I) -------------------------- PETITIONER: PETITIONER ---------------------- C.P. HAREENDRA BABU, S/O. DAMODARAN, AGED 61, SREE NILAYAM, NEAR KAMAL PEEDIKA, EACHOOR.P.O, KANNUR DT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENTS: RESPONDENTS ------------------------ 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDUTHI BHAVAN, PATTOM.P.O, TRIVANDRUM. 2. THE EXECUTIVE ENGINEER, ELECTRICAL CIRCLE, KANNUR. BY SHRI.K.S.ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.17727 of 2008 ================== Dated this the 7th day of July, 2008 J U D G M E N T The petitioner is a retired employee of the Kerala State Electricity Board. After retirement he approached the Controlling Authority under the Payment of Gratuity Act for disbursal of gratuity due to him. By Ext.P1 order, the Controlling Authority directed the Electricity Board to pay an amount of Rs.69,183/- as gratuity due to the petitioner with interest thereon as provided in Ext.P1. The petitioner complains that although Ext.P1 was passed as early as on 15.10.2006, the respondents have not paid the gratuity amount. 2. The learned Standing Counsel appearing for the KSEB submits that the Board is contemplating filing an appeal against Ext.P1 order. Whether they are contemplating filing of an appeal or not, either way, they are liable to deposit the gratuity as ordered by the Controlling Authority. Therefore, without prejudice to the right of the petitioner to challenge Ext.P1 order, if the Board can do so at this point of time, there would be a direction w.p.c.20083/08 2 to the respondents to deposit the gratuity amount as ordered in Ext.P1 within one month from today. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge