P.M.Salim vs Kerala Water Authority
2021 Latest Caselaw 3926 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                   WP(C).No.2724 OF 2021(M)


PETITIONER :-

            P.M.SALIM,
            PIRAMBILLYKUDY HOUSE, VENGOLA P.O., ARAKKAPADY,
            ERNAKULAM - 683 556 (HEAD OPERATOR, KWA RETIRED
            ON 31/5/2018).

            BY ADV. SHRI.N.SASIDHARAN UNNITHAN

RESPONDENTS :-

      1     KERALA WATER AUTHORITY
            REP. BY THE MANAGING DIRECTOR, JALA BHAVAN,
            VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010.

      2     ASSISTANT EXECUTIVE ENGINEER
            P.H.SUB DIVISION OFFICE, KERALA WATER AUTHORITY,
            PERUMBAVOOR, ERNAKULAM DISTRICT - 683 542.

      3     EXECUTIVE ENGINEER
            P.H.DIVISION OFFICE, KERALA WATER AUTHORITY,
            PERUMBAVOOR, ERANAKULAM DISTRICT - 683 542.

            BY SMT.MARY BENJAMIN, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.2724 OF 2021(M)

                                     -: 2 :-


                                 JUDGMENT

Dated this the 3rd day of February, 2021

This writ petition is filed seeking the following reliefs :-

"(i) To issue a writ of certiorari calling for the records leading to Exhibit P2 order and quash the same.

(ii) To issue a writ of mandamus or any other writ, order or direction directing the respondents to restore the pay and other service benefits granted to the petitioner and enjoyed by him before the issue of Exhibit P2 order of reduction of pay.

(iii) To issue a writ of mandamus or any other writ, order or direction directing the 1st respondent to consider and pass orders on Exhibit P4 representation of the petitioner within a time limit as fixed by this Honourable Court."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner

that the petitioner had retired from service as Head Operator on

31.5.2018. It is submitted that thereafter, the pay of the petitioner

has been reduced on the basis of an audit objection and recoveries

have been ordered by Ext.P3. Against Ext.P3, the petitioner has

preferred Ext.P4 representation before the respondents and seeks a

consideration of the same.

4. Having considered the contentions advanced, I am of the

opinion that Ext.P4 representation preferred by the petitioner is liable WP(C).No.2724 OF 2021(M)

to be considered and disposed of before any recovery is effected

pursuant to Ext.P3. The contention of the petitioner that he had

already retired from service before the objections had been raised is

liable to be considered taking note of the binding directions of the

Apex Court in State of Punjab v. Rafiq Masih (White Washer)

[(2015) 4 SCC 334].

In the above view of the matter, there will be a direction to

the 1st respondent to take up, consider and pass orders on Ext.P4

representation preferred by the petitioner, after hearing the

petitioner as well, within a period of two months from the date of

receipt of a copy of this judgment. The hearing can be conducted

through any appropriate means, including by video conferencing.

Further action on Ext.P3 shall be kept in abeyance till orders are

passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/5.2.2021 WP(C).No.2724 OF 2021(M)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.E1-93/87 DATED 18/2/1991 OF THE 3RD RESPONDENT EXECUTIVE ENGINEER.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 4/4/2020 OF THE 2ND RESPONDENT ASSISTANT EXECUTIVE ENGINEER.

EXHIBIT P3 TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.KWA/AO (PEN)/PEN 9734/COM. (NON MEDICAL)/8783 DATED 22/9/2020 IN RESPECT OF THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 19/11/2020 OF THE PETITIONER SENT TO THE 1ST RESPONDENT.