JUDGMENT

Petitioner is challenging the denial of a part of the gratuity due to him. Petitioner also seeks for a declaration that he is eligible to be paid the entire gratuity due, based upon his last drawn pay and the number of years of service put in by him, without any upper ceiling.

2. Petitioner contends that he commenced his service on

18.10.1983 and after completion of 35 years of service, he superannuated on 31.10.2018, as a Senior Scientist/Scientist E1, at the Kerala Forest Research Institute. However, as part of the gratuity, though he was entitled to more than Rs.19 lakhs, respondents limited the same to Rs.10 lakhs, contrary to the law declared by this Court. In spite of repeated requests, it was alleged that petitioner has not been paid the eligible gratuity due to him, which has compelled him to approach this Court, seeking directions for payment of gratuity with interest.

3. In the counter affidavit filed by respondents 1 and 2, it was pleaded that petitioner had retired from service on 31.10.2018 and the entire amount of gratuity due to him was paid. It was further pleaded that, without any objection, he had accepted the entire gratuity and that now a belated claim is