K.M.Muhammedali vs State Of Kerala
2021 Latest Caselaw 7186 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       WP(C).No.1765 OF 2021(U)


PETITIONER:

               K.M.MUHAMMEDALI
               AGED 60 YEARS
               (OPERATOR, WATER WORKS SUB DIVISION, KERALA WATER
               AUTHORITY, PALLIMUKKU, RETIRED ON 31.05.2016),
               RESIDING AT KIZHAKKEVEETTIL, EDAVANAKKAD P.O,
               ERNAKULAM DISTRICT, PIN-682 502

               BY ADVS.
               SHRI.K.P.RAJEEVAN
               SMT.LEKSHMI S.R
               SMT.MEERA S RAJAN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY, WATER RESOURCES
               DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM, PIN-695 001

      2        KERALA WATER AUTHORITY ,
               REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
               THIRUVANANTHAPURAM, PIN-695 033

      3        FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER,
               KERALA WATER AUTHORITY, JALA BHAVAN,
               THIRUVANANTHAPURAM, PIN-695 033.

      4        THE ACCOUNTS OFFICER (PAY SLIP AND PENSION).
               KERALA WATER AUTHORITY, JALA BHAVAN,
               THIRUVANANTHAPURAM, PIN-695 033.

      5        THE SUPERINTENDING ENGINEER,
               PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY,
               KOCHI 11, PIN-682 011.

      6        THE EXECUTIVE ENGINEER,
               OFFICE OF THE EXECUTIVE ENGINEER, P.H. DIVISION,
               KERALA WATER AUTHORITY, KOCHI 16, PIN-682 016.

      7        THE ASSISTANT EXECUTIVE ENGINEER,
               WATER WORKS SUB DIVISION, KERALA WATER AUTHORITY,
 WP(C).No.1765 OF 2021(U)        2

              PALLIMUKKU, ERNAKULAM, PIN-682 016

              R2-7 BY ADV. SMT.MARY BENJEMIN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1765 OF 2021(U)                 3



                                  JUDGMENT

Dated this the 2nd day of March 2021

This writ petition is filed seeking the following reliefs:

i) call for the records leading to this case and issue a writ of mandamus directing the 2nd respondent to sanction the leave application of the petitioner for the period from 01.03.2012 to 28.02.2016 and regularise the period of service of the petitioner from 01.03.2012 to 31.05.2016.

ii) issue a writ of mandamus directing the 2 nd to 4th respondents to sanction and disburse to the petitioner the amount of Provident Fund with interest up to the date of payment, Monthly Pension with arrears, DCRG, Commuted Value of Pension, Terminal Leave Surrender and all other benefits with interest immediately.

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the respondent-Kerala Water

Authority.

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

the petitioner attained the age of superannuation and his services

were terminated with effect from the same date i.e, on 31.05.2016.

Seeking the release of the terminal benefits, the petitioner has

approached the respondents. It is stated that the petitioner was

heard pursuant to Ext.P11 hearing notice, but no orders have been

passed.

4. The learned Standing Counsel submits that the petitioner's

services had been terminated by Ext.P7. I notice that Ext.P7 is only a

termination on retirement from service on superannuation and

therefore the request made by the petitioner for release of terminal

benefits are liable to be considered by the respondents in accordance

with law.

There will, accordingly, be a direction to the 2nd respondent to

take an appropriate decision on the request made by the petitioner

for disbursal of terminal benefits. If terminal benefits are found due

to the petitioner, they shall be released to the petitioner without

delay. Appropriate steps shall be taken by the respondents within a

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

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF LETTER NO. E-107/78 DATED 16.05.1991 SENT TO THE ASSISTANT EXECUTIVE ENGINEER, WATER WORKS SUB DIVISION, KOCHI-16, BY THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC HEALTH SUB DIVISION, MUVATTUPUZHA.

EXHIBIT P2 A TRUE COPY OF ORDER NO. EW 1-6099/87 DATED 08.07.1991 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, WW SUB DIVISION, COCHIN-16

EXHIBIT P3 A TRUE COPY OF ORDER NO. KWA/JB/E8-

2361/97-1 DATED 07.02.1997 ISSUED BY THE MANAGING DIRECTOR OF THE KERALA WATER AUTHORITY.

EXHIBIT P4 A TRUE COPY OF ORDER NO. KWA/JB/E8-

2114/2002(2) DATED 13.02.2002 ISSUED BY THE MANAGING DIRECTOR OF THE KERALA WATER AUTHORITY.

EXHIBIT P5 A TRUE COPY OF ORDER NO. KWA/JB/E8-

2114/2002 DATED 23.10.2007 ISSUED BY THE MANAGING DIRECTOR OF THE KERALA WATER AUTHORITY.

EXHIBIT P6 A TRUE COPY OF THE LEAVE APPLICATION OF THE PETITIONER WITH CONNECTED RECORDS WHICH WAS FORWARDED BY THE CHIEF ENGINEER TO THE MANAGING DIRECTOR OF THE KERALA WATER AUTHORITY VIDE LETTER NO. KWA/CE/CR/E1-5151/04 VOL III DATED 27.02.2012.

EXHIBIT P7 A TRUE COPY OF ORDER NO. EW1-2173/99 DATED 21.11.2016 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, WATER WORKS SUB DIVISION, PALLIMUKKU, KOCHI 16 TO THE PETITIONER.

EXHIBIT P8 A TRUE COPY OF LETTER NO. E1-2893/2015 DATED 22.11.2016 SENT BY THE EXECUTIVE ENGINEER, P.H. DIVISION, KOCHI 16 TO THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY,KOCHI 11.

EXHIBIT P9 A TRUE COPY OF LETTER NO. A4/1021/2014 DATED 29.11.2016 ISSUED BY THE PUBLIC INFORMATION OFFICER OF KERALA WATER AUTHORITY IN THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, WATER WORKS SUB DIVISION, KOCHI SENT TO THE PETITIONER.

EXHIBIT P10 A TRUE COPY OF LETTER NO.

KWA/CE/CR/KOCHI/E1-5151/04 VOLUME V DATED 02.05.2018 SENT BY THE CHIEF ENGINEER OF CENTRAL REGION TO THE MANAGING DIRECTOR OF KERALA WATER AUTHORITY.

EXHIBIT P11 A TRUE COPY OF LETTER NO.

10457/E5/2018/KWA DATED 27.07.2019 ISSUED BY THE CHIEF ENGINEER (HRD AND GENERAL) TO THE PETITIONER.

EXHIBIT P12 A TRUE COPY OF MINUTES OF THE PERSONAL HEARING CONDUCTED ON 26.08.2019 BEFORE THE CHIEF ENGINEER, (HRD AND GL).