Kerala High Court
Anil Kumar K vs State Of Kerala on 16 February, 2024
1
WPC 4042/24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 4042 OF 2024
PETITIONER/S:
ANIL KUMAR K, AGED 60 YEARS, S/O.R.KESAVAN NAIR, TC
28/1362,SRA-131, MANIMANGALAM, SREEKANTESWARAM,
FORT P.O, THIRUVANANTHAPURAM, PIN - 695023
BY ADV ALBIN A. JOSEPH
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN -
695001
2 THE REGIONAL CANCER CENTRE, REPRESENTED BY ITS
DIRECTOR, MEDICAL COLLEGE P.O.,THIRUVANATHAPURAM,
PIN - 695011
3 THE DIRECTOR, REGIONAL CANCER CENTRE, MEDICAL
COLLEGE P.O.,THIRUVANATHAPURAM, PIN - 695011
4 THE CONTROLLER OF FINANCE, REGIONAL CANCER CENTRE,
MEDICAL COLLEGE P.O.,THIRUVANATHAPURAM, PIN - 695011
5 THE ACCOUNTS OFFICER, REGIONAL CANCER CENTRE,
MEDICAL COLLEGE P.O.,THIRUVANATHAPURAM, PIN - 695011
6 THE EXECUTIVE COMMITTEE OF REGIONAL CANCER CENTRE
REPRESENTED BY ITS CHAIRMAN, REGIONAL CANCER
CENTRE, MEDICAL COLLEGE P.O.,THIRUVANATHAPURAM, PIN
- 695011
OTHER PRESENT:
SRI. ATHUL SHAJI SC,
GP SMT.PRINCY XAVIER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
WPC 4042/24
JUDGMENT
(Dated this the 16th February 2024)
The petitioner retired from the Regional Cancer Centre
(RCC) as Medical Records Officer - 1 on 31.5.2023 having
served the institution for 32 years. After superannuation of the
petitioner, he was served with Ext.P5 and P6 quantifying the
retirement benefits. Thereafter, the 3rd respondent issued
Ext.P7 communication to the Manager of State Bank of India,
Medical College branch, Thiruvananthapuram to credit an
amount of Rs.15,89,647/- to the account of the petitioner. On
verification with the bank, the petitioner came to know that an
amount of Rs.6,42,089/- was recovered towards pay
rectification, and also, the gratuity amount was reduced to
Rs.7,31,287/-.
2. The counsel for the petitioner submits that the recovery
effected is illegal and unsustainable in view of the judgment of
apex court in State of Punjab v. Rafiz Masih [(2015) 4 SCC
334].
3. The Government Pleader as well as standing counsel
for respondent Nos.2 to 6 do not refute the submission of the
petitioner.
4. In Rafiz Masih (supra), the apex court held that
recovery of any amounts paid to any employees belonging to
Class III or IV service or group C and D service, is
impermissible in law. The petitioner is admittedly a Class III
employee, and therefore, the respondents cannot recover any
amounts which has been paid to the petitioner. Therefore,
Ext.P5 stands quashed to the extent of recovery of an amount
of Rs.6,42,089/- towards the alleged excess salary drawn by the
petitioner. Consequently, respondent Nos. 2 to 6 are directed
to refund the amount of Rs.6,42,089/- (Rs.Six lakh forty two
thousand and eighty nine only) adjusted from the gratuity
amount, within 2 months from the date of receipt of a copy of
this judgment. If the amount is not disbursed within the time
stipulated as above, the same shall carry interest at the rate of
6% per annum from the date it became due till payment.
Writ Petition is allowed as above.
Sd/-
BASANT BALAJI
JUDGE
dl/
APPENDIX OF WP(C) 4042/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE ORDER NO.97/92/ADMN.I/RCC
DATED 01.07.1992 ISSUED BY THE DIRECTOR,RCC
Exhibit-P2 TRUE COPY OF THE CERTIFICATE NO.RCC/1160/2020-
ADMN2 DATED 12.05.2023 ISSUED BY THE
ADMINISTRATIVE OFFICER TO THE PETITIONER
Exhibit-P3 TRUE COPY OF THE ORDER NO.1155/ADMN II/2016/RCC
DATED 30.01.2016 ISSUED BY THE SENIOR
ADMINISTRATIVE OFFICER OF RCC
Exhibit-P4 TRUE COPY OF THE SALARY SLIP FOR THE MONTH OF
MAY 2023 ISSUED BY THE ACCOUNTS OFFICER,RCC
Exhibit-P5 TRUE COPY OF THE ORDER NO.RCC/274/2023/FIN-E
DATED 03.10.2023 RELATING TO GRATUITY ISSUED BY
THE DIRECTOR, RCC TO THE PETITIONER
Exhibit-P6 TRUE COPY OF THE ORDER NO.RCC/274/2023/FIN-E
DATED 03.10.2023 RELATING TO EARNED LEAVE
SURRENDER ISSUED BY THE DIRECTOR, RCC TO THE
PETITIONER
Exhibit-P7 TRUE COPY OF THE COMMUNICATION DATED 04.10.2023
ISSUED BY THE DIRECTOR, RCC TO THE CHIEF MANAGER,
SBI MEDICAL COLLEGE BRANCH
Exhibit-P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
DATED 23.03.2022 IN W.P.(C) NO.26072/2020
Exhibit-P9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
DATED 12.10.2023 IN W.P.(C) NO.36388/2022
Exhibit-P10 TRUE COPY OF THE JUDGEMENT DATED 21.07.2022 IN
W.A NO.869/2022 AND CONNECTED CASES OF THIS
HON'BLE COURT
Exhibit-P11 TRUE COPY OF THE REPRESENTATION DATED
21.12.2023 MADE BY THE PETITIONER TO
DIRECTOR,RCC
