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2026 Supreme(Online)(Ker) 5872

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
KRISHNA KUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.MOHAMMED RAZALI K.A, SMT. RESHMI U.N, SHRI.KURIAN MAXIE, SRI.R.RAKESH
For the Respondents: SHRI.THOMAS ABRAHAM, SC, KERALA STATE SCIENCE AND TECHNOLOGY MUSEUM AND PRIYADARSINI PLANETARIUM GP SMT. SONY K.B.

J U D G M E N T

The petitioners are the retired employees of the 2nd respondent-Institution, which is an autonomous Institution established by the Government of Kerala in the year 1984. The petitioners retired from service on different dates, on attaining superannuation and occupied different designations in the 2nd respondent-Institution.

2. On completion of satisfied service, when an employee of the 2nd respondent-Institution is retired from service, apart from all other service benefits, he/she is also entitled for the Gratuity, as per the rate applicable under the Payment of Gratuity Act , 1972 and when the petitioners retired from service on 31.05.2018, 31.01.2019 and 31.01.2018 respectively, most of the terminal benefits were paid to the petitioners as per the 9th Pay Revision. According to the 9th Pay Revision Scheme, the Gratuity limit fixed for a retired employee is Rs.7,00,000/-. The petitioners received the aforementioned amount as Gratuity at the time of their retirement. On 05.10.2021, the 1st respondent has issued Ext.P3 order stating that the 10th Pay Revision Scheme has been approved and according to Ext.P3 order, the petitioners are entitled to receive an enhanced

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