Kerala High Court

Elsy Varghese vs The Kerala Water Authority on 8 November, 2024

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W.P(C) No.36751 of 2017                             2024:KER:83120


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                          WP(C) NO. 36751 OF 2017

PETITIONERS:

     1       ELSY VARGHESE, DIVISIONAL ACCOUNTS OFFICER (RETIRED),
             P.H. DIVISION, KERALA WATER AUTHORITY, PALAKKAD,
             NOW RESIDING AT PATTULLIL HOUSE, THIRUVANIYOOR,
             THIRUVANIYOOR P.O, PUTHENCRUZ-682 308,
             ERNAKULAM DISTRICT.

  ADDL.P2    BABY P.P., AGED 62 YEARS, HUSBAND OF LATE ELSY
             VARGHESE, PATTULLIL HOUSE, THIRUVANIYOOR P.O,
             ERNAKULAM-682308.

  ADDL.P3    ANEESHA BABY, AGED 48 YEARS, D/O. LATE ELSY VARGHESE,
             PATTULLIL HOUSE, THIRUVANIYOOR P.O, ERNAKULAM-682308.

  ADDL.P4    ASHIL BABY, AGED 26 YEARS, S/O. LATE ELSY VARGHESE,
             PATTULLIL HOUSE, THIRUVANIYOOR P.O, ERNAKULAM-682308
             [ADDL.P2 TO P4 ARE IMPLEADED AS PER ORDER DATED
             02/08/2022 IN I.A:4/22 IN WP(C) 36751/2017]


             BY ADVS.
             SRI.SANTHOSH MATHEW
             SRI.ARUN THOMAS
             SRI.ALPHIN ANTONY
             SRI.JENNIS STEPHEN
                                 2
W.P(C) No.36751 of 2017                        2024:KER:83120


             SMT.KARTHIKA MARIA
             SMT.MARIA ROY
             SRI.VIJAY V. PAUL
             SMT.VEENA RAVEENDRAN



RESPONDENTS:

     1       THE KERALA WATER AUTHORITY,
             REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN,
             VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.


     2       THE SENIOR ADMINISTRATIVE OFFICER,
             KERALA WATER AUTHORITY, JALABHAVAN,
             VELLAYAMBALAM, THIRUVANANTHAPURAM- 695 033.


     3       THE INTERNAL AUDITOR, INTERNAL AUDIT WING,
             KERALA WATER AUTHORITY, JALA BHAVAN,
             THIRUVANANTHAPURAM- 695 033.


  ADDL.R4    THE FINANCE MANAGER AND ACCOUNTS OFFICER
             KERALA WATER AUTHORITY, JALABHAVAN,
             THIRUVANANTHAPURAM-695001.


  ADD.R5     THE ACCOUNTS OFFICER, (ESTT.)
             PAY SLIP SECTION, KERALA WATER AUTHORITY,
             JALABHAVAN, THIRUVANANTHAPURAM-695001.


  ADD.R6     THE CHIEF ENGINEER, NORTH REGION,
             KERALA WATER AUTHORITY, KOZHIKODE-673635.
                                     3
W.P(C) No.36751 of 2017                                 2024:KER:83120


              (ADDL.R4 TO R6 IMPLEADED AS PER ORDER DATED
              07/02/2018 IN I.A.NO.2423 OF 2018)


              BY ADVS.
              SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
              P.M.JOHNY, SC, KERALA WATER AUTHORITY



THIS   WRIT    PETITION   (CIVIL)       HAVING   BEEN    FINALLY   HEARD   ON
24.10.2024, THE COURT ON 08.11.2024 DELIVERED THE FOLLOWING:
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W.P(C) No.36751 of 2017                                  2024:KER:83120


                                   JUDGMENT

The petitioner, who was working with the Kerala Water Authority

and was superannuated on 12.05.2017, has filed the captioned writ

petition seeking to quash Ext.P12 audit report and also seeking a

direction to the respondents to issue the petitioner's pay slip after fixing

her salary in the promotion post of Divisional Accounts Officer.

2. The petitioner states that she joined the service of the Water

Authority as a Lower Division Clerk on 18.04.1992, her probation

having been declared on 18.04.1994. It is pointed out that she was

promoted as an Upper Division Clerk(UDC) with effect from

01.11.1998, the date of promotion being reassigned with effect from

28.10.1998 at first and later again reassigned to 02.11.1998. The

petitioner points out that while working as UDC she was granted the 2nd

time bound higher grade promotion with effect from 28.10.2006 on

completion of 8 years' service in the first promoted post of UDC. While

continuing as UDC in the 2nd time bound higher grade as above, the

pay revision pursuant to the order dated 30.07.2007 was

W.P(C) No.36751 of 2017 2024:KER:83120

retrospectively implemented with effect from 01.07.2004 in the Water

Authority and the petitioner points out that she was granted the

benefits of pay revision as per her option with effect from 18.10.2004,

also taking into account the criteria for the 2nd time bound higher grade

which was retrospectively revised with effect from 01.03.2006. As per

the revised criteria fixed by 2004 pay revision, the 2nd time bound

higher grade can be sanctioned only on completion of 16 years of total

service from the entry post. On the basis of the above, the 2nd time

bound higher grade was reviewed and granted to the petitioner with

effect from 18.04.2008, with reference to the date on which the

petitioner completed 16 years of total service in the Kerala Water

Authority. Later, the petitioner points out that she was promoted as

Head Clerk and later as Junior Superintendent, and while continuing as

Junior Superintendent as above, the petitioner's first promotion as UDC

was again reassigned with effect from 31.07.1994 as evidenced by

Ext.P3 order dated 01.01.2014, pursuant to certain directions issued

by this Court in Ext.P2 judgment, filed by some other employees. But

W.P(C) No.36751 of 2017 2024:KER:83120

in the said order at Ext.P3, the option for past pay revision/promotion

was not extended by the Kerala Water Authority taking the stand that

the Government sanction is needed for the same, which the petitioner

points out is in clear violation of Ext.P4 Government Order, under which

the cases involving retrospective promotion pursuant to court orders,

etc. do not require any Government sanction for allowing re-option.

3. The petitioner points out that she was later promoted as

Divisional Accounts Officer and she joined in that post on 17.11.2016

but was not provided with the statutory pay slip after refixation of her

pay and allowances as above. Ultimately, by Ext.P12 audit report, the

internal auditor raised the following audit objections as against the

petitioner herein:

"She has entered in service as LDC on 18-4-1992 and declared probation on 18-4-1994. She has promoted as UDC wef 1-11-1998. This date of promotion is reassigned wef 28-10-1998, and finally reassigned wef 31.07.1994. With the first date of reassignment, ie 28- 10-1998 the incumbent has completed 8 years of service from the first promoted post on 28-10-2006 and sanctioned the second time bound higher grade wef 28-10-2006.

1. The incumbent has re-opted the pay revision GO(P)

W.P(C) No.36751 of 2017 2024:KER:83120

No.54/99 Fin dtd 19-8-1999. This is irregular. As per this pay revision all appointments and promotions made on or after 1.3.1997 shall be deemed in the revised scale of pay.(page 25 clause-7)

2. In the pay revision GO(P) No.46/2007 WRD dtd 30-7-2007, the incumbent has reopted the date to 18-4-2008 which is also irregular because the previous reoption of PR is irregular Also the incumbent has revised the already enjoyed 8 years of second time bound higher grade with 16 year. This is also irregular.

3. Since the options of the previous two pay revisions are irregular, the fixation done in the promotions and pay revisions there after are also irregular. In the above circumstances the fixations made above should be revised, Pay regularized and excess pay drawn if any may be quantified and intimated to audit. For that the Service book of the incumbent may be forwarded to the Assistant Executive Engineer, Water Supply Sub Division, Thrippunithura."

4. It is challenging the above audit objections that the captioned

writ petition is filed by the petitioner.

5. It is seen that against Ext.P12 audit findings, the petitioner

submitted Ext.P13 objection as early as 29.06.2017 to the 3rd

respondent herein. A perusal of Ext.P13 shows that detailed objections

have been raised regarding the three discrepancies in Ext.P12.

W.P(C) No.36751 of 2017 2024:KER:83120

6. The irregularities alleged in Ext.P12 audit report have to be

brought to a logical conclusion since the petitioner had filed an

explanation, as seen from Ext.P13.

7. In such circumstances, I am of the opinion that Ext.P13 is

directed to be disposed of as expeditiously as possible, especially,

since the petitioner has already passed away and is represented by her

legal heirs - additional petitioners 2 to 4 impleaded in this writ petition

on 02.08.2022.

Therefore, this writ petition is disposed of directing the 3 rd

respondent to adjudicate on Ext.P12 in the light of Ext.P13, as

expeditiously as possible, at any rate, within a period of three months

from the date of receipt of a copy of this judgment, after affording an

opportunity of hearing to the legal heirs of the deceased.

Sd/-

                                      HARISANKAR V. MENON, JUDGE
ln

W.P(C) No.36751 of 2017                             2024:KER:83120


                          APPENDIX OF WP(C) 36751/2017


PETITIONERS' EXHIBITS:


EXHIBIT P1         TRUE COPY OF THE RELEVANT PAGES OF THE
                   GO(P) 46/07 WRD DATED 30/07/2007.

EXHIBIT P2         TRUE COPY OF THE JUDGMENT IN WRIT PETITION
                   NO. 24198/2009 DATED 19/3/2013.

EXHIBIT P3         TRUE COPY OF THE ORDER NO.

KWA/JB/E9/3947/2013 DATED 01/1/2014 PASSED BY THE WATER AUTHORITY.

EXHIBIT P4 TRUE COPY OF THE GO (P) NO. 545/2001 (98)/FIN DATED 19/03/2001.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.

KWA/JB/E9/3947/2013 TVM DATED 05/01/2015 ISSUED BY THE MANAGING DIRECTOR, KWA.

EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE ORDER ISSUED BY THE ASST.

EXECUTIVE ENGINEER, W.S. SUBDIVISION TRIPUNITHURA DATED 22.2.2015.

EXHIBIT P8 TRUE COPY OF THE REQUEST FORWARDED THROUGH PROPER CHANNEL DATED 9.1.2017.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MANAGING DIRECTOR DATED 12.5.2017.

W.P(C) No.36751 of 2017                          2024:KER:83120


EXHIBIT P10        TRUE COPY OF THE COMMUNICATION ISSUED BY
                   THE ACCOUNTS OFFICER (ESTT) DATED
                   19.5.2017.

EXHIBIT P11        TRUE COPY OF THE COMMUNICATION ISSUED BY
                   THE RESIDENT AUDITOR DATED 20.4.2017.

EXHIBIT P12        TRUE COPY OF THE AUDIT REPORT ISSUED

AGAINST THE PETITIONER DATED 16/05/2017.

EXHIBIT P13 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 29/6/2017.

EXHIBIT P14 TRUE COPY OF THE ORDER OF GRANTING THE SECOND TIME BOUND HIGHER GRADE, THE REASSIGNMENT ORDER ISSUED ON 16/11/2016 GRANTING RETROSPECTIVE PROMOTION WITH RE- OPTION AND COPY OF THE ORDER GRANTING PENSION DATED 3/2/2017 BY THE ASST.

EXECUTIVE ENGINEER PH SUB DIVISION KWA IRINJALAKKUDA.

EXHIBIT P15 TRUE COPY OF THE COMMUNICATION ISSUED BY THE INTERNAL AUDITOR ALONG WITH A NOTE DATED 3/11/2017 OBTAINED BY THE PETITIONER UNDER RTI ACT.

EXHIBIT P19 TRUE COPY OF THE REVISED PAY FIXATION SUBMITTED BY THE PETITIONER

EXHIBIT P20 TRUE COPY OF THE COMMUNICATION ISSUED BY THE INERNAL AUDITOR DATED 15/3/2018

EXHIBIT P21 TRUE COPY OF THE REVISED ADMITTED PAY FIXATION ORDER ISSUED BY THE KERALA WATER AUTHORITY DATED 19/3/2018

W.P(C) No.36751 of 2017 2024:KER:83120

EXHIBIT P22 TRUE COPY OF THE RELEVANT PAGES OF THE G.O.(P) NO.54/99 DTD.19/8/99

EXHIBIT P23 TRUE COPY OF THE RELEVANT PAGES OF G.O.(p) NO.46/2007 DATED 30/7/2007.

Exhibit P24 TRUE COPY OF THE DEATH CERTIFICATE DATED 18-09-2021 SHOWING THAT THE PETITIONER IN THE WRIT PETITION SMT. ELSY VARGHESE EXPIRED ON 24TH AUGUST, 2021.

RESPONDENTS' EXHIBITS: