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2024 Supreme(Online)(KER) 5673

HIGH COURT OF KERALA
AMIT RAWAL, C.S. Sudha, JJ
KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT KSCSTE – Appellant
Versus
DR.P.K.CHANDRASEKHARA PILLAI, – Respondent


J U D G M E N T

C.S.Sudha, J.

This intra court appeal has been filed by respondents 1 to 3 in W.P.(C)No.42109/2018 against the judgment dated 23/12/2021 allowing the petition. Respondents herein are the petitioner and the additional fourth respondent respectively in the writ petition. The parties and the documents will be referred to as described in the writ petition.

2. The petitioner who commenced his service under the second respondent with effect from 18/10/1983, after successful completion of 35 years in service, superannuated on 31/10/2018 as Senior Scientist/Scientist E1. On retirement from service the respondents only partially released the provident fund and gratuity due to the petitioner. An amount of ₹10 lakhs was given as gratuity, though the petitioner was entitled to more than ₹19 lakhs. This Court in W.P.(C)No.25584/2011 by judgment dated 12/11/2014 has held that limiting gratuity to ₹10 lakhs is unsustainable and had directed disbursement of the full amount due reckoning the total service. The aforesaid issue has been finally settled by this Court by judgment dated 01/10/2015 in W.A.No.1/2015 and connected cases. Despite various decisions on the point, the respondents

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