BHASKARA MENON Vs. STATE OF KERALA

JUDGEMENT

(1.) This original petition has been filed for a writ of mandamus directing the respondent to disburse the petitioner the gratuity amount of Rs.69,000/- with interest at 18% per annum from 1.12.1990 till realisation and to issue a writ of certiorari quashing Exts.P6, P7 and P9.

(2.) Petitioner was an employee of the Kerala Sahitya Academy. After completing 32 years of service he retired from service on 30.11.1990. At the time of his retirement his basic pay was Rs.1,450/-. There is no provisions for the employees of the second respondent to claim pension. By G.O.(MS) No.611/61/Edn. dated 14.10.1961 the service conditions of the employees of the second respondent were also prescribed. R.20(c) of the service rules of the Academy provides that at the time of retirement all employees are entitled to gratuity under R.64 of Chapter II and the additional gratuity as per Rr.66 and 68 of Chapter IV K.S.R. According to the petitioner if an employee has 10 years service, he is entitled to get gratuity at the rate of one month's salary for each completed year of service. If an employee has more than 10 years service, according to the K.S.R. The employee is entitled to get pension. An employee who is entitled to get pension is also entitled to get pension. An employee who is entitled to get pension is also entitled to get additional gratuity as provided under R.66 of Part III K.S.R. The petitioner claims, gratuity at the rate of one month's emoluments for every completed year of service and additional gratuity at the rate of one half of the emoluments of employee for each completed year of service as provided under Rs.68 of K.S.R. Thus, according to the petitioner he is entitled to get gratuity of Rs.69,600/-.

(3.) The respondents filed a counter stating that as per Part III K.S.R. a person below 9 years qualifying service is only eligible for 1 1/2 of the total emoluments per month as gratuity. Petitioner having 32 years qualifying service is not eligible for 1 1/2 of total emoluments as gratuity at the rate of 1 1/2 months' pay for every completed year of service. According to the first respondent the gratuity payable is only Rs.23,200/-.