K.Gopinathan vs Kerala Water Authority
2024 Latest Caselaw 16001 Ker

Kerala High Court

K.Gopinathan vs Kerala Water Authority on 7 June, 2024

Author: Sathish Ninan

Bench: Sathish Ninan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR. JUSTICE SATHISH NINAN
   FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                      WP(C) NO. 3232 OF 2013
PETITIONER:

         K.GOPINATHAN
         AGED 60 YEARS
         S/O.LATE SRI.UNNAMAN P.V., KARUVATHIL HOUSE,
         KATTILANGADI STREET, TANUR P.O., MALAPPURAM
         DISTRICT (EX.OPERATOR (HIGHER GRADE), PUBLIC
         HEALTH SECTION, KERALA WATER AUTHORITY, TIRUR).
         BY ADV SRI.M.R.GOPALAKRISHNAN NAIR


RESPONDENTS:

    1    KERALA WATER AUTHORITY
         REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,
         THIRUVANANTHAPURAM-695001.
    2    THE EXECUTIVE ENGINEER
         PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY,
         EDAPPAL, MALAPPURAM DISTRICT-679576.
         BY ADVS.
         BIJILY JOSEPH
         SRI.GEORGE JOHNY, SC, KERALA WATER AUTHORITY


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2024,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                        SATHISH NINAN, J.
              = = = = = = = = = = = = = = = = = =
                    W.P.(C)No.3232 of 2013
              = = = = = = = = = = = = = = = = = =
              Dated this the 7th day of June, 2024

                                JUDGMENT

The petitioner retired from the services of the 1 st

respondent-Water Authority, as Operator (Higher Grade),

on 31.10.2008. Pay was fixed reckoning his earlier

military service. However, on 01.02.2011 the petitioner

was served with Ext.P10 communication intimating re-

fixation of his pay w.e.f. 01.12.2007 under Ext.P9, and

ordering recovery of Rs.3,41,439/- from the petitioner.

It is aggrieved thereby that the petitioner has

approached this Court.

2. I have heard the learned counsel for the

petitioner and also the learned Standing Counsel for

Kerala Water Authority.

3. The issue involved is squarely covered by the

judgment of the Apex Court in State of Punjab v. Rafiq Masih

(white washer) 2015 (1) KLT 429 (SC). The pay of the petitioner

was re-fixed w.e.f. 01.07.2008 and the recovery is

ordered in 2012. The petitioner retired on 31.10.2008.

The petitioner is a class-III employee. Therefore, no

recovery is liable to be effected of the payment alleged

to have been mistakenly paid.

Resultantly, the writ petition is allowed. It is

ordered that, no recovery steps are liable to be

initiated against the petitioner for the amount

mentioned in Ext.P10 notice.

Sd/-

SATHISH NINAN JUDGE

yd

APPENDIX

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF ORDER NO.E-235/87 VOL.II DATED 18.01.2008.

EXHIBIT P2 THE TRUE COPY OF RECEIPT NO.695251 DATED 22.08.2007.

EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PORTION OF THE AUDIT OBJECTION PERTAINING TO THE PETITIONER.

EXHIBIT P4 THE TRUE COPYO F LETTER NO.E-235/87 VOL.III DATED 21.01.2009.

EXHIBIT P5 THE TRUE COPY JUDGMENT DATED 25.06.2010 IN W.P.(C)NO.10170/2009.

EXHIBIT P6 THE TRUE COPY OF ORDER NO.KWA/JB/E5- 256/2010 DATED 18.01.2011.

EXHIBIT P7 THE TURE COPY OF ORDER NO.E-162/84 VOL.III DATED 01.02.2011.

EXHIBIT P8 THE TRUE COPY ORDER NO.E-235/87 VOL.III DATED 08.02.2011.

EXHIBIT P9 THE TRUE COPY OF ORDER NO.E-235/87 VOL.III DATED 21.02.2012.

EXHIBIT P10 THE TRUE COPY OF LETTER NO.AB2-3570/08 DATED 09.11.2012.

1ST RESPONDENT ANNEXURE ANNEXURE R1(A) TRUE COPY OF THE REQUEST OF THE PETITIONER MADE ON 22.01.2008.