IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 35119 of 2004(E)
1. THE DIVISIONAL PERSONNEL OFFICER,
... Petitioner
Vs
1. C.BHASKARAN, CHERIYANGAT HOUSE,
... Respondent
2. THE CONTROLLING AUTHORITY UNDER THE
3. THE APPELLATE AUTHORITY UNDER THE
For Petitioner :SRI.JAMES KURIAN, SC, RAILWAYS
For Respondent :SRI.VARGHESE PREM
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :01/08/2007
O R D E R
KURIAN JOSEPH J.
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W.P.(C) No.35119 of 2004
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Dated 1st August, 2007.
J U D G M E N T
The issue raised in this writ petition pertains to the
payment of gratuity to the respondent. Learned Standing Counsel
submits that as per the impugned orders, there is duplication of
payment. Though there is also a contention that there are no
records available for the engagement of the respondent for the
period from 1961 to 1984, I am afraid, that contention cannot be
appreciated, being a question of fact and on that question of fact,
the two authorities have already looked into the matter based on
available records. It will not be proper for this Court to re-
appreciate the factual matrix. However, it is made clear that in
case there is any duplication of payment of gratuity, it will be
open to the petitioner to exclude that period.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J.
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O.P. NO. OF 200
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J U D G M E N T
Dated 1st August, 2007.