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C.Chandu vs The Secretary on 6 October, 2010

Kerala High Court
C.Chandu vs The Secretary on 6 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26493 of 2010(J)


1. C.CHANDU, AGED 67 YEARS,
                      ...  Petitioner

                        Vs



1. THE SECRETARY, THE KERALA STATE
                       ...       Respondent

                For Petitioner  :SRI.JACOB ABRAHAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :06/10/2010

 O R D E R
                       C.T.RAVIKUMAR, J.
                        ----------------------------
                     W.P.(C)No.26493 of 2010
                        ----------------------------
              Dated this the 6th day of October, 2010

                            JUDGMENT

The grievance of the petitioner, who is retired

employee of the Kerala State Electricity Board, is pertaining to

the non-disbursement of gratuity payable to him under Payment

of Gratuity Act, 1972. As per the orders passed in

G.C.No.471/2004 the second respondent found the petitioner

entitled to get the balance of gratuity amount. The same was

challenged by the first respondent before the third respondent, in

appeal. However, the third respondent dismissed the appeal, as

is obvious from Ext.P1 order. At the time of filing of the said

appeal, the first respondent had deposited the arrears of gratuity

payable to the petitioner before the second respondent. Despite

the dismissal of the appeal, no action was taken by the first

respondent to disburse the gratuity amount already deposited by

the second respondent. It is raising grievance against the said

action on the part of the second and third respondents in not

disbursing the arrears of gratuity that this writ petition has been

WP(C).No.26493/2010 2

filed.

2. In view of the fact that this Court has already passed

orders on similar matters directing the concerned respondent to

disburse the balance amount of gratuity on execution of a bond

for the equivalent amount by the concerned petitioners, this writ

petition is disposed of directing the first respondent to disburse

the balance amount of gratuity payable to the petitioner on

executing bond for the equivalent amount to be disbursed to him,

within six weeks from the date of receipt of copy of this judgment.

Sd/-

                                     C.T.RAVIKUMAR
                                          Judge


jma        //true copy//

                                           P.A to Judge

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