RAJENDRA PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner retired as Regional Engineer from the Kerala State Housing Board (for short, 'the Board') on 31/5/2002. The 3rd respondent, the Secretary of the Board, by proceedings dtd. 20/5/2006, sanctioned the pensionary benefits of the petitioner; but withheld his DCRG amounting to Rs.2,57,400.00 and also the last pay for the month of May, 2002 amounting to Rs.21,712.00 towards his liability on account of audit objections. Aggrieved by the withholding of DCRG, the petitioner approached this Court and this Court, by Ext.P1 judgment, directed the Board to disburse the DCRG withheld, together with the salary for the month May, 2002 within a period of one month from the date of receipt of the judgment. The entitlement of the petitioner to claim interest for the delay in disbursement of DCRG and pay for last month was left open. Pursuant to Ext.P1 judgment, the Secretary of the Board, by Ext.P2 proceedings dtd. 4/4/2012, accorded sanction for payment of DCRG and the last month's pay.

(2.) According to the petitioner, the DCRG was determined and disbursed to him as per the 'then existing rule' and in view of the amendment introduced to Sec. 4(3) of the Payment of Gratuity Act, 1972 by Act 15 of 2010 with effect from 17/5/2010, he is entitled to the maximum gratuity of Rs.10,00,000.00 (Ten lakhs). Therefore, the petitioner has filed this writ petition for direction to the respondents to disburse the DCRG as provided under Sec. 4(3) of the Payment of Gratuity Act, 1972, amended by Act 15 of 2010 and for 9% interest for 9 years and 11 months on the amount of gratuity.

(3.) Heard counsel on both sides.