Mohan.K vs Kerala Water Authority
2021 Latest Caselaw 6561 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                      WP(C).No.14998 OF 2020(Y)


PETITIONER:

               MOHAN.K
               AGED 63 YEARS
               S/O.K.KUMARAN, CHIEF ENGINEER KWA (RETD.),
               RESIDING AT NALINAM, NLRA 53,
               NEERAZHI LANE, MEDICAL COLLEGE.P.O.,
               ULLOOR, THIRUVANANTHAPURAM, PIN-695011.

               BY ADVS.
               SRI.K.K.VIJAYAN
               SRI.K.R.RAJESHKUMAR
               SRI.G.RANJU MOHAN
               SRI.B.VINOTH

RESPONDENTS:

      1        KERALA WATER AUTHORITY,
               REP. BY ITS MANAGING DIRECTOR,
               JALA BHAVAN, VELLAYAMBALAM,
               THIRUVANANTHAPURAM-695002.

      2        THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER,
               KERALA WATER AUTHORITY, JALA BHAVAN,
               THIRUVANANTHAPURAM-695002.

               R1-2 BY ADV. SMT.MARY BENJEMIN
               R1-2 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER
               AUTHORITY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14998 OF 2020                 2

                                 JUDGMENT

When this matter called today, the

learned counsel for the petitioner submitted

that the competent Criminal Court has

accepted the reports filed by the

Investigating Agencies and therefore, that no

criminal charges are now pending against him.

He, therefore, prayed that the pensionary

benefits entitled to him be directed to be

paid by the Kerala Water Authority at the

earliest.

2. In response, Shri.Benjamin Paul,

learned Standing Counsel for the Kerala Water

Authority, submitted that, noticing the order

of the competent Criminal Court, steps have

already been taken by his client to disburse

the eligible pensionary benefits to the

petitioner and added that same will be paid

not later than two months from this date.

Recording the afore submissions of

Shri.Benjamin Paul, I order this writ

petition and direct the Kerala Water

Authority to ensure that all eligible

pensionary benefits are paid to the

petitioner within a period of two months from

the date of receipt of a copy of this

judgment.

At this time, the learned counsel for

the petitioner submitted that his client has

also sought for interest for the delay caused

by the Kerala Water Authority in disbursing

his pensionary benefits.

I cannot accede to this request because,

as is evident from the afore narration, the

Kerala water Authority has delayed payment of

the pensionary benefits only on account of

the criminal charges pending against the

petitioner and for no other reasons and it is

obvious that he has been acquitted by the

Criminal Court only now.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/24.2.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF PROCEEDING ISSUED BY KERALA WATER AUTHORITY STATTING THE PENSIONARY BENEFITS.

EXHIBIT P2 COPY OF DEMAND DRAFT ISSUED TO THE ACCOUNTS OFFICER DATED 7.8.2013.

EXHIBIT P3 COPY OF COVERING LETTER SUBMITTED ALONG WITH THE DEMAND DRAT DATED 7.8.2013.

EXHIBIT P4 COPY OF LETTER DATED 22.7.2015.

EXHIBIT P5 COPY OF PROCEEDINGS ISSUED BY KERALA WATER AUTHORITY ON PART PAYMENT DATED 8.10.2015.

EXHIBIT P6 CERTIFIED COPY OF THE FINAL FORM/REPORT IN FIR NO.VC 08/2012/SRT OF VACB, SRT, TVM.