KUTTAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner retired from service while working as Last Grade Servant on 1.1.2000. Retiral benefits have been sanctioned to him as per Exts. P1 and P2 orders. In spite of the same, no gratuity has been disbursed to him, petitioner submits.

(2.) It is submitted by the learned Government Pleader that the petitioner had agreed for recovery of an amount of Rs. 35,738/- as per Annexure - I. Therefore, the petitioner can get only the balance amount, if any, towards gratuity. In reply thereto, petitioner contends that as per the provisions contained in S.60 of the Code of Civil Procedure, agreement for reduction of any amount from the gratuity is void and therefore, Annexure A1 cannot be acted upon.

(3.) Gratuity is payable to the petitioner on the basis of Rules contained in R.3, Part III of the Kerala Service Rules. R.3 thereof makes it clear that the amount due from retired employees towards Government Companies can be deducted from the Gratuity if they consent for it and only the balance amount need be paid to the incumbent. When this provision contained in the rules give right for payment of gratuity after deducting the amount due to the Government companies, after having agreed or consented in that line, the petitioner cannot now turn round and say that Annexure I is void. It is based on that statutory provisions contained in R.3 Part III of the K. S. R., amount due from the petitioner to the Government Company namely, the Kerala Financial Corporation, is sought to be recovered. Therefore, petitioner will be entitled to get only the balance, if any left, after deducting the amount made mention of by himself in Annexure A1.