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2009 Supreme(Online)(KER) 412

HIGH COURT OF KERALA
B. KOSHY, ACJ, J, V.GIRI, J
P.C.POTHEN – Appellant
Versus
KSRTC – Respondent


Advocates:
SRI.N.SASIDHARAN UNNITHAN, SHRI.JOHNSON P.JOHN, SC, KSRTC

JUDGMENT

K oshy, Ag.C.J.

In all these cases, petitioners were employees of the Kerala State Road Transport Corporation (KSRTC). Petitioner in W.P. (C)No.31298 of 2008 attained superannuation on 31.5.2007, petitioner in W.P.(C)No.31716 of 2008 on 31.12.2007 and petitioner in W.P.(C)No.31698 of 2008 on 31.3.2008. They filed writ petitions stating that their gratuity amount was not paid by the KSRTC only on the contention that there is financial difficulty. When large number of cases came up, a Division Bench of this court held that there is no justification for the delay in payment of gratuity. Gratuity is not a bounty. Employees have right to receive the same. But, in view of the financial difficulties expressed, KSRTC was directed to pay the amount considering the priority of applications. However, it was also stated by the Division Bench that the amount can be disbursed violating the priority in exceptional circumstances. It is the case of the petitioners that their daughters' marriage is fixed. Invitation cards are produced in all the writ petitions and enquiry also revealed that the averments are correct. The only dispute is whether this is an emergency or not. In the statement f

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