IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 20292 OF 2020
PETITIONER:
N.VIJAYAN, (DRIVER, KSRTC, KATTAKADA DEPOT, RETIRED ON
31/5/2017), RESIDING AT VIJAY BHAVAN, CHEMPOORU,
OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM,
PIN - 695 125.
BY ADV K.P.RAJEEVAN
RESPONDENTS:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
FORT, THIRUVANANTHAPURAM, PIN - 695 023.
2 ASSISTANT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION, KATTAKADA
DEPOT, KATTAKADA, THIRUVANANTHAPURAM, PIN - 695 572.
3 PERSONAL OFFICER
PAY REVISION CELL, KERALA STATE ROAD TRANSPORT
CORPORATION, TRANSPORT BHAVAN, FORT,
THIRUVANANTHAPURAM, PIN - 695 023.
BY ADV SRI.DEEPU THANKAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20292 OF 2020
2
JUDGMENT
While the petitioner was working as a driver in the services of Kerala State Road Transport Corporation (KSRTC), he was favoured with certain modification in the structure of his increments. He, thereafter, retired on attaining the age of superannuation, on 31.05.2017. However, while his pensionary benefits were disbursed, an amount of Rs.66,143/- was withheld on the allegation that the modification to the increment structure offered to him earlier was an error and therefore, that he is liable to refund the same.
2. The petitioner asserts that this action of the KSRTC is egregiously improper and blatantly in violation of the declarations of law made by the Hon'ble Supreme Court in State of Punjab & others v. Rafiq Masih (White Washer) & others [(2015) 4 SCC 334]. The petitioner thus prays that the KSRTC be directed to refund the amount of Rs.66,143/- withheld from his pensionary benefits, within a time frame to be fixed by this Court.
3. The afore submissions of Sri.K.P.Rajeevan - learned counsel for the petitioner, were answered by Sri.Deepu Thankan - learned standing counsel for the KSRTC, saying WP(C) NO. 20292 OF 2020 3 that the petitioner cannot assail the recovery made against him because the amounts in question was illegally enjoyed by him in the past. He, however, conceded that no undertaking had been obtained from the petitioner at the time when such benefits were given to him, so as to bring it within the exemptions as enumerated by the Hon'ble Supreme Court in Rafiq Masih (supra); but argued that even without this, recovery could be effected.
4. I must say that I cannot find favour with the afore submissions of Sri.Deepu Thankan because, the Hon'ble Supreme Court is very clear in its view that unless an employee had agreed to refund the fixation or such other benefits granted to him while he was in service, it cannot be recovered subsequently from his DCRG or pensionary benefits. This is more so in the case of persons who were employed in the lower category of services and who have since retired.
5. There is nothing on record to show that the petitioner had given any undertaking at the time when the benefits would become due and obviously therefore, Rafiq Masih (supra) would cover the case against KSRTC, particularly because they do not even whisperingly allege that the said WP(C) NO. 20292 OF 2020 4 benefits had been obtained by the petitioner on account of any error or fraud that can be attributed to them.
In the afore circumstances, I allow this writ petition and direct the KSRTC to refund an amount of Rs.66,143/- to the petitioner within a period of four months from the date of receipt of a copy of this judgment, failing which, it will carry interest at the rate of 6% p.a. from the date on which it was recovered, until it is actually paid.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 20292 OF 2020 5 APPENDIX OF WP(C) 20292/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE 1ST, 3RD AND 5TH PAGES OF THE PENSION PAYMENT ORDER OF THE PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.IAI/P7/010522/18 DATED 29/06/2018. EXHIBIT P3 A TRUE COPY OF THE HISTORY AND VERIFICATION OF SERVICE ENTERED IN PAGE 47 OF THE SERVICE BOOK OF THE PETITIONER.
EXHIBIT P4 A TRUE COPY OF THE SALARY SLIP OF THE PETITIONER FOR THE MONTH OF MAY 2017 ISSUED BY THE 2ND RESPONDENT.