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
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.