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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI
Usha J, W/o. D Sudheeraj – Appellant
Versus
Government Of Kerala – Respondent
| Table of Content |
|---|
| 1. petitioners seek payment and gratuity as per law. (Para 1 , 2 , 3) |
| 2. responses from the respondents outline their stance on gratuity. (Para 4 , 5 , 6) |
| 3. court examines applicability of the 1972 act. (Para 7 , 8 , 9) |
| 4. previous rulings bolster petitioners' claims. (Para 10 , 11 , 12) |
| 5. court orders payment of dues to petitioners. (Para 13) |
JUDGMENT :
The writ petition has been filed praying for a direction to the respondents to release the arrears of Pay and Leave Surrender salary due to the petitioners as per the 7th Central Pay Revision Scales for the period from 01.01.2016, and to quash Exts.P9 and Ext.P10 to the extent they deny the right of the petitioners for retirement gratuity under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the 1972 Act'), and to disburse the amounts with interest and costs.
3. Ext.P3 is the order issued on a request made by the 3rd petitioner, pursuant to directions issued by this Court. It is stated therein that the request for benefits of the 7th pay revision will be considered along with the case of all employees who retired from 1.1.2016 to 31.5.2021 on receiving clarification from the Government. Regarding gratuity,
Retirement gratuity is a statutory right under the Payment of Gratuity Act, and exemptions from the Act cannot apply retrospectively to negatively impact employees' entitlements.
Point of Law : If in the opinion of the appropriate Government, the employees of such establishments are in receipt of gratuity or pensionery benefits not less favourable than the benefits conferred ....
Railway employees are exempt from the Payment of Gratuity Act, 1972, as per amendments and judicial interpretations, affirming that Railway Service (Pension) Rules govern their gratuity rights.
It is a well settled principle of law that statutory rules cannot be altered or amended by executive orders or circulars or instructions nor can they replace the statutory rules. The rules made under....
The court upheld the government's policy decision to set a cut-off date for extending monetary benefits to retirees, affirming that such classifications are permissible under constitutional provision....
The statutory force of rules, impermissibility of creating two classes of pensioners, and the discriminatory nature of the classification were the central legal points established in the judgment.
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
The main legal point established in the judgment is that the Payment of Gratuity Act, 1972 applies to all employees, including daily wage employees, and entitles them to gratuity for their entire ser....
Retiral benefits, including gratuity and pension, constitute vested property rights under Article 300A; delayed payment breaches the right to livelihood under Article 21, and employers must timely se....
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