Chandran Pillai T vs Kerala Water Authority
2021 Latest Caselaw 16567 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943

                               WP(C) NO. 31969 OF 2018

PETITIONER:

               CHANDRAN PILLAI T.
               AGED 58 YEARS
               S/O THANKAPPAN PILLAI.K,ASSISTANT ENGINEER (HG) (RETIRED FROM
               PH SECTION, KERALA WATER AUTHORITY, KOTTARAKARA, KOLLAM
               DISTRICT), RESIDING AT VRINDAVAN, MUGHATHALA (PO), KOLLAM
               DISTRICT, PIN-691577.

               BY ADVS.
               M.V.THAMBAN
               R.REJI
               THARA THAMBAN
               B.BIPIN
               ARUN BOSE



RESPONDENTS:

     1         KERALA WATER AUTHORITY
               JALA BHAVAN,THIRUVANANTHAPURAM, PIN-695001, REPRESENTED BY ITS
               MANAGING DIRECTOR.

     2         THE MANAGING DIRECTOR
               KERALA WATER AUTHORITY, JALA BHAVAN,
               THIRUVANANTHAPURAM, PIN-695001.

     3         THE DEPUTY CHIEF ENGINEER (VIGILANCE)
               KERALA WATER AUTHORITY, JALA BHAVAN,
               THIRUVANANTHPAURAM, PIN-695001.

     4         THE SUPERINTENDING ENGINEER
               PH CIRCLE, KERALA WATER AUTHORITY, KOLLAM, KOLLAMD ISTRICT,
               PIN-691001.

     5         THE EXECUTIVE ENGINEER
               PROJECT DIVISION, KERALA WATER AUTHORITY, KOLLAM, KOLLAM
               DISTRICT-691001.

     6         THE EXECUTIVE ENGINEER
               PH DIVISION, KERALA WATER AUTHORITY, KOTTARAKKARA, KOLLAM
               DISTRICT-691506.
 WP(C) NO. 31969 OF 2018

                                     2



     7      THE ASSISTANT EXECUTIVE ENGINEER
            PH SUB DIVISION, KERALA WATER AUTHORITY, KOTTARAKKARA, KOLLAM
            DISTRICT, PIN-691506.

     8      THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER
            KERALA WATER AUTHORITY, JALA BHAVAN,
            THIRUVANANTHAPURAM, PIN-695001.

            BY ADV SRI.P.BENJAMIN PAUL




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31969 OF 2018

                                     3




                               JUDGMENT

The petitioner, who is stated to have retired, on attaining the

age of superannuation, from the services of the Kerala Water

Authority (KWA) on 31.05.2017, is before this Court complaining

that his retiral benefits have not been disbursed to him by its

competent Authority until now. The petitioner, prays that the KWA

be directed to disburse to him the said benefits within a time frame

to be fixed by this Court, along with 18% interest on it.

2. The learned counsel for the petitioner -

Sri.M.V.Thamban, added to the afore submissions saying that

Exts.P10 and P14 proceedings, to the extent to which it relates to

the petitioner, are completely untenable, since no enquiry and not

even a notice under the provisions of Note 3 to Rule 3 of Part III of

the Kerala Service Rules (KSR), has even been issued to him; and

thus asserted that the KWA cannot now take a stand that the said

benefits will not be disbursed to him. He therefore, reiteratingly

prayed that this writ petition be allowed.

3. In response, Sri.Benjamin Paul, learned Standing

Counsel for the KWA, submitted that a counter affidavit has been WP(C) NO. 31969 OF 2018

filed by the respondents, wherein, several allegations against the

petitioner have narrated and added that a vigilance enquiry was

also ordered against him. He submitted that, therefore, the KWA

will have to now find whether any liability is due from the petitioner

and that only after the requisite non liability certificate is issued to

him, can he seek his retiral benefits.

4. Even when I hear Sri.Benjamin Paul on the afore lines,

the fact remains that, in the counter affidavit filed by the

respondents, there is not even a whisper that any liability has been

fixed against the petitioner as of now. No doubt, the said counter

affidavit contains several averments as regards the allegations

against the petitioner, but unless these had been properly

investigated and enquired into as per law, thus fructifying into a

finding of liability against the petitioner, his retiral benefits cannot

be held up by the KWA any further.

In the afore circumstances, I order this writ petition and direct

the respondents to pay the petitioner his retiral benefits within a

period of three months from the date of receipt of a copy of this

judgment, in case no liability has been fixed against him until now.

If, on the contrary, any liability has been fixed or is sought to be WP(C) NO. 31969 OF 2018

fixed in terms of Note 3 to Rule 3 of Part III of the KSR, then

certainly the petitioner will be properly notified; and his liberty to

challenge against such proceedings is left open however, with the

specific clarification that no such proceedings can now be initiated

afresh since it is over three years after his retirement.

I further direct that if the retiral benefits are not paid to the

petitioner within the afore time frame, then the same will carry

interest at the rate of 9 % from the date on which it became due,

until it is actually paid.

As regards the petitioner's request for payment of interest, I

leave it open to be pursued by him appropriately, through a proper

procedure, since it will not be possible for this Court, while it acts

under Article 226 of the Constitution of India, to assess disputations

of facts or to evaluate documents, based on which the KWA defends

the delay that has been caused.

This writ petition is thus disposed of.

Sd/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 31969 OF 2018

APPENDIX OF WP(C) 31969/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER NO.KWA/AO(ESTT)/PEN:9317/COM:/ (NON MEDICAL)/8386/3383.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.

KWA/AO(ESTT)/PEN:9317/COM:/ (NON MEDICAL)/ 8386/6792, OF THE 8TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.KWA/JB/E2/2092/2009 OF THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE COVERING LETTER DATED 5.6.2012 ISSUED TO THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY SUB DIVISION, PUNALUR ALONG WITH THE LIST OF MATERIALS.

EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE MEETING DATED 18.2.2014, CONVENED BY THE 4TH RESPONDENT AND THE SAME TYPE WRITING COPY OF THE MINUTES OF THE MEETING.

EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE MEETING DATED 10.7.2015 CONVENED BY THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 25.7.2015 OF THE PETITIONER ADDRESSED TO THE 7TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 10.8.2015 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER NO.KWA/PHDnK/AB2-9/2017 DATED 4.5.2018.

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 11.6.2018 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT AND THE SAME TYPE WRITING COPY.

EXHIBIT P11 TRUE COPY OF THE LAWYER'S NOTICE DATED 16.6.2018 ISSUED ON BEHALF OF THE PETITIONER.

WP(C) NO. 31969 OF 2018

EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 16.8.2018 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P13 TRUE COPY OF THE MINUTES OF THE PERSONAL HEARING HELD BY THE 3RD RESPONDENT ON 3.9.2018 ALONG WITH THE STATEMENT GIVEN BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE TRUE COPY OF THE LETTER NO.KWA/PHDnK/AB2-9/2017 DATED 14.9.2018 ISSUED BY THE 6TH RESPONDENT ALONG WITH ITS ENCLOSURES.