IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 31608 of 2010(A) ------------------------------------ PETITIONER(S): ----------------------- P.VISWANATHAN, ASSISTANT EXECUTIVE ENGINEER (RETD.), KSEB, AGED 62 YEARS, S/O. V.PERUMAL, HOUSE NO.1/1658, AYILYAM, NEAR KOKERS, KOCHI-1. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): ------------------------- 1. THE DISTRICT LABOUR OFFICER, ERNAKULAM, 682030. (CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY ACT, 1972). 2. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, 695601. R1 BY GOVERNMENT PLEADER SRI. K.C.SANTHOSH KUMAR R2 BY ADV. SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.31608 OF 2010 -------------------------------------------- Dated this the 14th day of December, 2010 JUDGMENT The petitioner is a retiree from the service of the second respondent- Board. This Writ Petition has been filed mainly with the prayer to issue a writ of mandamus commanding the first respondent to pay an amount of Rs.65,301/- to the petitioner deposited by the second respondent in G.C 2/2004 in terms of Ext.P1 which was confirmed in Ext.P4. The question of entitlement of the petitioner for interest ordered as per Ext.P1 came up for consideration before this in W.P.(C).NO.18461/2008. As per Ext.P5 judgment, this Court found that the petitioner is entitled to interest and therefore, directed the third respondent therein to deposit the amount of interest in terms of Ext.P1. The said direction was issued without prejudice to the right of the Board to challenge the orders under the Payment of Gratuity Act. The said order was taken up in appeal as W.A.No.888/2009. As per Ext.P6 judgment, this Court dismissed the writ appeal. In short, it is evident that Ext.P1 which was confirmed as per Ext.P4 has become final and there cannot be any dispute at this distance of time with respect to the W.P.(C).NO. 31608/2010 entitlement of the petitioner to receive the interest on the balance of amount of gratuity. In view of the said position available in this case, the petitioner is entitled to the relief sought for in this Writ Petition. Accordingly, there will be a direction to the first respondent to release an amount of Rs.65,301/- which is remaining in deposit pursuant to the order in Ext.P1 which was confirmed in Ext.P4 expeditiously, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. This Writ Petition is disposed of, accordingly. (C.T. RAVIKUMAR, JUDGE) spc C.T. RAVIKUMAR, J. JUDGMENT September, 2010