High Court of KeralaWP(C)/28477/2014disposed of

K.S.Andrews v. Kerala State Road Transport Corporation

2015-01-16Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 WP(C).No. 28477 of 2014 (H) ---------------------------- PETITIONER(S):

---------------- K.S.ANDREWS, AGED 63 YEARS, KANNANTHARAYIL HOUSE, POURKKARA, EDAPPALLY COTTA (PO) CHAVARA, KOLLAM, PIN BY ADV. SMT.KEERTHI SOLOMON RESPONDENT(S):

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1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023.

2. PERSONAL OFFICER PENSION SECTION, TRANSPORT BHAVAN FORT, THIRUVANANTHAPURAM-695 023.

R BY SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28477 of 2014 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1 - TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT TRANSPORT OFFICER KARUNAGAPPALLY UNIT DATED 05-09-2014 EXT.P2 - TRUE COPY OF THE CERTIFICATE ISSUED BY THE MINISTRY OF PETROLEUM NATIONAL GAS, GOVERNMENT OF INDIA EXT.P3 - TRUE COPY OF THE LETTER NO.PA 13/3767/2010 DATED 4-11-2010 EXT.P4 - A TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN WPC NO.27183/2013 DATED 06-11-2013 RESPONDENT(S)' EXHIBITS : NIL.

----------------------------- //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) NO.28477 OF 2014 --------------------- Dated this the 16th day of January, 2015

J U D G M E N T

The entitlement of the petitioner for gratuity is already settled by a judicial order. Therefore the Government Order dated 4.4.2013 exempting the Kerala State Road Transport Corporation from paying Gratuity under the Payment of Gratuity Act does not apply to the petitioner.

2. I agree with the said view taken in W.P.

(C) No.29203/2013. The writ petition is accordingly disposed of directing the respondents to pay the Death Cum Retirement Gratuity to the petitioner. The same shall be done within a period of four months from today.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.