Kerala High Court
K.R.Vijayakumar vs Kerala Water Authority on 5 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:67620
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024/14TH BHADRA, 1946
WP(C) NO. 18006 OF 2023
PETITIONER:
K.R.VIJAYAKUMAR
AGED 63 YEARS
S/O RAMAKRISHNAN, FORMER ASSISTANT ENGINEER,
KERALA WATER AUTHORITY,
NOW RESIDING AT "SARANGI", 3/184,
P.O.UDAYAMPEROOR, ERNAKULAM,
PIN- 682 307.
BY ADVS.
N.KRISHNA PRASAD
P.SHANES METHAR
BHARATH MOHAN
RESPONDENTS:
1 KERALA WATER AUTHORITY
"JALA BHAVAN", VELLAYAMBALAM,
THIRUVANANTHAPURAM - 695 033
REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 695033
2 MANAGING DIRECTOR
KERALA WATER AUTHORITY, "JALA BHAVAN"
VELLAYAMBALAM, THIRUVANANTHAPURAM- 695 033
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WP(C) NO.18006 of 2023
2
3 THE SUPERINTENDING ENGINEER
KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE,
KERALA WATER AUTHORITY, MUVATTUPUZHA,
PIN-686679
4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER
KERALA WATER AUTHORITY, "JALA BHAVAN",
VELLAYAMBALAM, THIRUVANANTHAPURAM
PIN - 695033
BY ADV
SRI.GEORGIE JOHNY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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3
JUDGMENT
Dated this the 5th day of September, 2024
The petitioner is a retired employee of the Kerala
Water Authority. Prior to the employment in the Kerala Water
Authority, the petitioner was working in Command Area
Development Authority (CADA), Sub Division, Nenmara, for
the period from 09.11.1981 to 12.02.1990.
2. The petitioner submits that he is entitled to
get reckoned the service rendered by him in CADA along with
the service rendered in the Kerala Water Authority for the
purpose of pensionary benefits. Accordingly, this writ petition
is filed by the petitioner for the following reliefs:-
"A. To declare that the prior provisional
service rendered by the petitioner under the
CADA Sub Division, Nemmara for the period from
09.11.1981 to 12.02.1990 is liable to be reckoned
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WP(C) NO.18006 of 2023
for the purpose of pensionary benefits of the
petitioner under the Kerala Water Authority;
B. To issue a writ of mandamus or any
other writ or direction to the respondents to refix
the pensionary benefits of the petitioner by adding
the provisional service for the period from
09.11.1981 to 12.02.1990 along with qualifying
service of 26 years, 1 month and 19 days
reckoned vide Ext.P1 Pension Payment Order;
C. That on such re-fixation, direct the
respondents to pay the arrears due to the
petitioner with all other consequential benefits for
the entire period after the retirement of the
petitioner from service.
D. To direct the respondents to extend
the paymnet of pro-rata contribution to the extent
it concerns the provisional service rendered by
him so as to reckon the said period for fixation of
pensionary benefits on his retirement on
supperannuation from the service of the Kerala
Water Authority."
3. The learned Standing Counsel for the Kerala
Water Authority submits that, in the light of Ext.P5
proceedings and Exts.P6 and P8 judgments, if the petitioner is
willing to remit the pro-rata pension contribution arrears
relatable to his service in CADA, his service in CADA can be
reckoned for the purpose of pensionary benefits.
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WP(C) NO.18006 of 2023
4. Learned counsel for the petitioner submits
that the petitioner is willing to remit the pro-rata pension
contribution arrears relatable to his service in CADA with the
Kerala Water Authority.
5. In the light of the aforesaid submissions, this
writ petition is disposed of with the following directions:
(i) There will be a direction to the 4 th
respondent to compute and intimate the
petitioner the pro-rata pension contribution
arrears relatable to him within a period of one
month from the date of receipt of a copy of
this judgment.
(ii) On such intimation, the petitioner
shall remit the amount with the Kerala Water
Authority within a period of one month from
the date of intimation.
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WP(C) NO.18006 of 2023
(iii) On remittance of the pro-rata pension
contribution arrears by the petitioner, the
Kerala Water Authority, the 1st respondent
shall pass consequential order re-fixing the
pension of the petitioner within one month of
remittance.
(iv) The consequential benefits on re-
fixation of pension shall be disbursed to the
petitioner within one month from the date of
re-fixation order.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
spk
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WP(C) NO.18006 of 2023
APPENDIX OF WP(C) 18006/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE
PENSION PAYMENT ORDER OF THE
PETITIONER.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE
EXECUTIVE ENGINEER, KERALA WATER
AUTHORITY, P.H. DIVISION, KOTTAYAM,
DATED 9.7.2013.
Exhibit P3 TRUE COPY OF GO(MS) NO.707/2012/FIN
DATED 27.12.2012
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 16.1.2023 IN W.P.
(C) NO.13404/2022.
Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE
SECOND RESPONDENT DATED 12.2.2020
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
12.7.2016 IN W.A.NO.2556/2015.
Exhibit P7 TRUE COPY OF THE PROCEEDINGS OF THE
SECOND RESPONDENT DATED 24.6.2019.
Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 3.3.2023 IN W.P.
(C) NO.18667/2020.
