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V.M.Vijayalakshmi vs Kerala State Electricity Board on 19 September, 2008

Kerala High Court
V.M.Vijayalakshmi vs Kerala State Electricity Board on 19 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26567 of 2008(K)


1. V.M.VIJAYALAKSHMI, W/O.NARAYANA MENON,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. THE CONTROLLING AUTHORITY UNDER THE

                For Petitioner  :SMT.T.D.RAJALAKSHMI

                For Respondent  :SRI. ASOK M.CHERIYAN, SC, KSEB

The Hon'ble MR. Justice V.GIRI

 Dated :19/09/2008

 O R D E R
                         V.GIRI, J
                       -------------------
                   W.P.(C).26567/2008
                       --------------------
       Dated this the 19th day of September, 2008

                       JUDGMENT

Petitioner retired from the service of the first

respondent Board on superannuation, but was denied full

gratuity. She moved the Controlling Authority, the

second respondent herein, under the Payment of Gratuity

Act. By Ext.P1 order, the Controlling Authority directed

payment of the amount within 30 days from the date of

receipt of the order. In spite of the same, payment has

not been effected so far. Hence the writ petition.

2. Learned Standing Counsel submits that if there is no

order of stay of Ext.P1 from the competent Appellate

Authority, the amount will be paid to the petitioner

without further delay. Submission is recorded.

3. In the result, writ petition is disposed of directing

the first respondent to pay to the petitioner the amount

due under Ext.P1 order, within two months from today

provided Ext.P1 order is still in operation and the

W.P.(C).26567/2008
2

enforcement of the same has not been stayed by any

competent authority. It is made clear that if the amount

has actually been deposited by the Board before the

competent Authority, then, the petitioner will be entitled

to approach the said authority for disbursal of the same

and the Authority under the Act, shall disburse the same

to the petitioner.

V.GIRI,
Judge

mrcs

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