Kerala High Court
M.K. Santhosh Kumar vs Travancore Devaswom Board on 3 April, 2024
1
WPC 33170/23
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 33170 OF 2023
PETITIONER/S:
M.K. SANTHOSH KUMAR AGED 54 YEARS S/O. KRISHNAN NAMBOOTHIRI,
VADAKKE MARANGATTU MADOM, THIRUVANVANDOOR PO, CHENGANNOOR
TALUK, ALAPUZHA DISTRICT -, PIN - 689109
BY ADVS. K.SASIKUMAR P.S.RAGHUKUMAR S.ARAVIND ANITHA CHANDRAN
RESPONDENT/S:
1 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY,
DEVASWOM HEAD QUARTERS, DEVASWOM BUILDINGS, NANTHANCODE,
THIRUVANANTHAPURAM, PIN - 695003
2 DEVASWOM COMMISSIONER DEVASWOM HEAD QUARTERS, TRAVANCORE
DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003
3 ASSISTANT COMMISSIONER TRAVANCORE DEVASWOM BOARD, ARANMULA
GROUP, ARANMULA (PO), PATHANAMTHITTA DISTRICT, PIN - 689533
4 ADMINISTRATIVE OFFICER CHENGANNOOR DEVASWOM, TRAVANCORE
DEVASWOM BOARD, CHENGANNOOR, PIN - 689121
5 ASSISTANT DEVASWOM AUDIT OFFICER TRAVANCORE DEVASWOM BOARD,
AMBALAPUZHA ALAPPUZHA DISTRICT, PIN - 688561
BY ADV Pavithran CK
OTHER PRESENT:
SC SRI. C.K PAVITHRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC 33170/23
JUDGMENT
(Dated this the 3rd day of April 2024)
The petitioner entered the service of the 1st respondent as
a Santhi by order dated 28.8.1993. He is now working as Santhi
at Thrikkanapuram Devaswom in Chengannur sub group of
Aranmula group. He is affected by diabetes mellitus and the
Doctor who treated him issued Ext.P1 advising him to go for
amputation below knee. In such circumstances, the petitioner
filed Ext.P3 representation before the 4th respondent for
voluntary retirement and requested for disbursement of the
terminal benefits. The 3rd respondent forwarded the service
book of the petitioner to the 4th respondent for necessary audit
verification, and was informed by Ext.P4 letter dated 12.6.2023
that the petitioner has received an excess amount of
Rs.10,16,862/- due to irregular pay fixation from 10.6.1999.
Following Ext.P4, Ext.P5 is issued by the 4th respondent to the
petitioner informing him to remit the excess amount of
Rs.10,16,862/- and produce the challan for processing the
application for VRS. The petitioner, thereafter, sent Ext.P6
reply to Ext.P5, pointing out his inability to remit the amounts
due to financial condition and to allow VRS without insisting
for payment of the amount as stated in Ext.P4. Ext.P6 has been
forwarded by the 4th respondent to the 2nd respondent and is
now pending consideration by respondent Nos.1 and 2. The
petitioner, therefore, has approached this court for the
following reliefs:
i.To call for the records leading to the issue of Exts. P4
and P5 issued by the respondents and quash the same by
the issue of a writ in the nature of certiorari;
ii.To issue a writ the nature of mandamus directing the
respondents to pass formal orders admitting the petitioner
to voluntary retirement from service on medical grounds
with effect from 01-06-2023.
iii.To issue a writ the nature of mandamus directing the
respondents to pay all the retirement benefits dues to the
petitioner viz., monthly pension with arrears, Death-Cum-
Retirement Gratuity, commuted value of pension, pay
revision arrears etc, immediately,
iv. Dispense with filing of the translation of vernacular
documents.
v. to issue any other writ, declaration, order or direction
appropriate in the circumstances of the case.
2. A counter affidavit is filed by the 3rd respondent, in
which it is stated that for sanctioning VRS, non liability
certificates from all Devaswom, where he worked are
necessary. On verification of service records, it is reported that
there is a liability of Rs.10,16,862/- by the petitioner on account
of erroneous fixation of salary from 10.6.1999 onwards. The
application for VRS could not be processed due to the
pendency of liability which was conveyed to the petitioner as
per Ext.Nos.P4 and P5. He was directed to remit the amount
and to produce the chalan, but he filed Ext.P6 representation
expressing his inability to remit the same. The decision of the
apex court in State of Punjab v. Rafiz Masih [(2015) 4 SCC
334], relied on by the petitioner, is not applicable to the facts of
this case, since the liability is already ascertained and conveyed
to him more than 2 years before his retirement. On getting
information upon the liability, he submitted the application for
VRS to get away from the recovery. It is also stated that if the
petitioner has any grievance in Ext.Nos.P4 and P5, he can
approach respondent Nos.1 and 2 for redressal of his grievance
and if such a representation is filed before respondent Nos.1
and 2, the same will be considered in accordance with law.
3. A reply is filed by the petitioner in which Ext.P7 is
produced to show that there was an amputation of his leg below
knee on 25.10.2023 and it is heeled. It is also stated that in
Ext.P3 he has given an undertaking only to the extent of
recovery of any liability to the Board if it is created by the
petitioner himself. The amount shown in Ext.Nos.P4 and P5 is
not on the basis of the action taken by the petitioner, but due to
improper fixation of pay revision from 1999 onwards by the
department authorities and therefore, the judgment of the apex
court in Rafiz Masih's case squarely applies.
4. Heard Shri.K.Sasikumar for the petitioner and the
standing counsel Sri. C. K. Pavithran for the respondents.
5. Ext.P4 is a letter dated 12.6.2023 issued by 5th
respondent to the 3rd respondent informing that the petitioner
has received an excess of Rs.10,16,862/- on wrong fixation of
pay scale and acting on Ext.P4, the 4th respondent has issued a
letter to the petitioner on 31.7.2023 directing him to remit the
amount and to produce the chalan. The petitioner has filed
Ext.P6 representation before the 4th respondent to exonerate
him from the liability and to grant him VRS with all terminal
benefits. Since Ext.Nos.P4 and P5 are issued by respondent
Nos.5 and 4 respectively, the request of the petitioner for VRS
without paying the amounts as stated in Ext.Nos.P3 and P4 has
to be considered by the 1st respondent, which is the Travancore
Devaswom Board. Therefore, I direct the 4th respondent to
forward Ext.P6 to the 2nd respondent to place it before the 1st
respondent and the 1st respondent is directed to pass
appropriate orders on Ext.P6 within a period of 2 months from
the date of receipt of a certified copy of this judgment. While
passing orders, the 1st respondent shall take into consideration
the judgment of the apex court in Rafiz Masih (supra).
6. The petitioner to produce a copy of this Writ Petition
in all respects along with the judgment before the 1st
respondent for compliance.
The Writ Petition is disposed of.
Sd/-
BASANT BALAJI, JUDGE.
dl/
APPENDIX OF WP(C) 33170/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 21-09-
2023 ISSUED FROM AMRITA INSTITUTE OF MEDICAL SCIENCES
Exhibit P2 A TRUE COPY OF THE APPOINTMENT ORDER DATED 28.08.1993
ISSUED BY THE SECOND RESPONDENT
Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 25.04.2023
SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT
Exhibit P4 A TRUE COPY OF THE LETTER DATED 12.06.2023 FORWARDED
BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT
Exhibit P5 A TRUE COPY OF THE LETTER DATED 31.07.2023 ISSUED BY
THE 4TH RESPONDENT TO THE PETITIONER
Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 04.08.2023
SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT
EXHIBIT P7 A true copy of the Medical Certificate dated 23-12-
2023 issued from the Amrita Institute of Medical
Sciences
EXHIBIT P8 A true copy of the statement dated 15-05-2023 issued
by the 4th respondent
