K. Krishnankutty vs Kerala State Electricity Board
2024 Latest Caselaw 15858 Ker

Kerala High Court

K. Krishnankutty vs Kerala State Electricity Board on 6 June, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
          THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                            WP(C) NO. 5580 OF 2014
PETITIONER/S:

             K. KRISHNANKUTTY, AGED 66 YEARS
             S/O KUNJACHAN, AISWARYA, 27 NCC NAGAR, PEROORKADA POST,
             THIRUVANANTHAPURAM 695005

             BY ADVS. SRI.R.MOHAN KUMAR; SRI.R.SREEHARI


RESPONDENT/S:

     1       KERALA STATE ELECTRICITY BOARD
             VYDHYUTHI BHAVANAM, PATTOM PALACE POST,
             THIRUVANANTHAPURAM 695004, REPRESENTED BY ITS SECRETARY

     2       THE CHIEF ENGINEER HRM
             KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM,
             PATTOM PALACE POST, THIRUVANANTHAPURAM 695004

             BY ADV SRI.K.S.ANIL, SC, KSEB

             SMT. THUSHARA JAMES- SC


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.5580/2014
                                          -2-




                            JUDGMENT

The present writ petition has been filed seeking the

following reliefs:

"a) Issue a Writ of Mandamus or other appropriate Writ, order or direction, calling for the records leading to Exhibit P-4 Notice/intimation and to quash the same,

(b) Issue a Writ of Prohibition restraining the Respondents from collection any amount pursuant to Exhibit P4 Notice/Communication as it is violative of the orders Ext. P3 passed by the 1st Respondent and the provisions of Payment of Gratuity Act and also the Orders passed by the authorities constituted under the Payment of Gratuity Act;

(c) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. The petitioner retired from service on

superannuation as Member (Technical) in the Kerala State

Electricity Board on 31.03.2002. The petitioner was paid

gratuity for rendering 29 years of service. The petitioner was

not satisfied with the amount of gratuity paid to him.

Therefore, he approached the Controlling Authority under the

Payment of Gratuity Act 1972 (for short, the 'Gratuity Act').

The Controlling Authority held that the petitioner is entitled

to a further amount of Rs.70,000/- and the respondent Board

was directed to pay Rs.70,000/- along with 10% interest till the

date of payment of the amount to the petitioner by the Board.

2.1 The Board filed the appeal against the said order.

However, the said appeal was dismissed, and the petitioner

was paid the amount as directed by the Controlling Authority.

The petitioner was paid the amount way back in 2003 in

pursuance of the order passed by the Controlling Authority

and the Appellate Authority under the provisions of the

Gratuity Act. Now, the petitioner has been issued the

impugned notice demanding a refund of Rs.1,89,582/-.

3. This Court finds it difficult to concede that such an

action has been advised to be taken for recovery of the alleged

excess amount by notice dated 15.03.2013, asking the

petitioner to refund Rs.1,89,582/-. Such a belated realization

of the alleged excess amount is wholly illegal. If the Board

could have issued the notice within a period of three years

from the date of the payment made, then, there was some

ground to interfere with the writ petition. After 10 long years,

there is no justification for issuing the impugned notice.

Therefore, the impugned notice in Ext.P4 is hereby set

aside. The writ petition is allowed, however, without costs.

Sd/-

DINESH KUMAR SINGH JUDGE

jjj

APPENDIX OF WP(C) 5580/2014

PETITIONER EXHIBITS

EXHIBIT P1 PHOTOCOPY OF THE PENSION PAYMENT ORDER OF THE PETITIONER SHOWING CALCULATION OF THE SERVICE

EXHIBIT P2 PHOTOCOPY OF THE ORDER PASSED BY THE IST RESPONDENT DATED 02-09-2003

EXHIBIT P3 PHOTOCOPY OF THE AUTHORISATION DATED 04-09-2003 ISSUED FOR DISBURSEMENT OF PENSION AND GRATUITY TO THE PETITIONER

EXHIBIT P4 PHOTOCOPY OF THE NOTICE DATED 15-03- 2013 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P5 PHOTOCOPY OF THE ORDER PASSED BY THE IST RESPONDENT DATED 24-05-2011

EXHIBIT P6 PHOTOCOPY OF THE ORDER DATED 03-04- 2013 IN WPC NO 92-4/2013 OF THIS HON'BLE COURT

EXHIBIT P7 PHOTOCOPY OF THE COPY OF THE ORDER DATED 27-01-2014 IN WPC NO 2517/2014 OF THIS HON'BLE COURT