Kerala High Court
Radha C vs The State Of Kerala on 6 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) NO. 22070 OF 2024 : 1 :
2024:KER:67938
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA,
1946
WP(C) NO. 22070 OF 2024
PETITIONER:
RADHA C, AGED 69 YEARS
TECHNICAL OFFICER (CYTOTECHNOLOGIST)
(RETIRED), REGIONAL CANCER CENTRE (RCC),
THIRUVANANTHAPURAM,
RESIDING AT ARANGATHU (H), AVANOOR PO,
THIRISSUR, PIN - 680541
BY ADVS.
JOSE ABRAHAM
E.ADITHYAN
MURALEEDHARAN R.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF HEALTH, SECRETARIAT,
THIRUVANANTHAPURAM -, PIN - 695001
2 ADDITIONAL CHIEF SECRETARY
HEALTH AND FAMILY WELFARE DEPARTMENT,
ANNEX-II-6TH, FLOOR, GVT SECRETARIAT,
TRIVANDRUM, PIN - 695001
3 REGIONAL CANCER CENTRE (RCC),
REPRESENTED BY THE DIRECTOR, MEDICAL COLLEGE
CAMPUS, THIRUVANANTHAPURAM, PIN - 695011
WP(C) NO. 22070 OF 2024 : 2 :
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BY ADVS.
ANJALY T.A
T.A.SHAJI (SR.)(S-334)
R BY GP SRI.V.K.SUNIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 06.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, while working as Technical
Officer (Cytotechnologist), retired from the service
of the 3rd respondent-the Regional Cancer Centre,
on 30.11.2015, after rendering 30 years of service.
As per Ext.P3, an amount of Rs.2,19,417/- has been
recovered from the retirement gratuity due to the
petitioner, being the excess amount paid to her
pursuant to the pay revision. The petitioner
submits that recovery from the retirement
gratuity, after her superannuation without
initiating any disciplinary proceedings while in
service is illegal and arbitrary. The petitioner has,
accordingly, filed this writ petition challenging
Ext.P3 to the extent it orders recovery of the
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amount of Rs.2,19,417/- from the retirement
benefits to her and for a direction to the 3 rd
respondent to release an amount amount of
Rs.1,91,268/- withheld from her service benefits.
The petitioner states that the amount recovered
from the pensionary benefits after his retirement is
illegal and arbitrary in the light of the decision
reported in State of Punjab v. Rafiq Masih
(White Washer) [(2015) 4 SCC 334].
2. A counter affidavit has been filed on
behalf of the 3rd respondent wherein it is stated
that the petitioner has been paid the excess
amount while granting grade and the excess paid
amount was recovered from her gratuity and there
is no illegality in such recovery.
3. Heard the learned counsel for the
petitioner, learned Government Pleader and the
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rd
learned Standing Counsel for the 3 respondent.
4. A Division Bench of this Court in
Regional Cancer Centre v. Ganga Devi and
others [2022 (5) KHC 123: 2022 (5) KLT 78 :
ILR2022 (3) Ker 680] relying on the decision in
Rafiq Masih (supra), has held that re-fixing of the
pay after retirement and to recover the excess
amount allegedly paid to the employee from his
terminal benefits based on a rectification
committee report, is arbitrary and unreasonable
and in violation of the principles of natural justice.
5. The legal position being thus, I set aside
Ext.P3 to the extent it orders recovery from the
retirement benefits of the petitioner. The amount
of Rs.2,19,417/- recovered from the gratuity of the
petitioner towards alleged excess salary shall be
disbursed to her within a period of two months
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from the date of receipt of a copy of this judgment
along with interest at the rate of 8% per annum
from the date of retirement till payment.
As regards the claim of the petitioner for
disbursement of the amount of Rs.1,91,268/- as
claimed in Ext.P4 representation, there will be a
direction to the 3rd respondent to consider Ext.P4,
in accordance with law, as expeditiously as
possible, at any rate, within a period of two
months from the date of receipt of a copy of this
judgment.
The writ petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
2024:KER:67938
APPENDIX
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE RETIREMENT ORDER NO
1044/ADMN.IV/2015 RCC DATED 28-11-2015
Exhibit -P2 TRUE COPY OF THE NOTE ISSUED BY THE
REGINAL CANCER CENTRE (RCC) UNDER
REFERENCE NUMBER 1044/ADMIV/2015/RCC
DATED 5-11-2015
Exhibit -P3 TRUE COPY OF THE RATIFICATION ORDER
ISSUED BY THE REGINAL CANCER CENTRE (RCC)
UNDER REFERENCE NUMBER 1044/PAY
REVISION /FIN -C/2015/RCC DATED 16-11-
Exhibit -P4 TRUE COPY OF THE REPRESENTATION DATED
20/04/2024
Exhibit -P5 THE TRUE COPY OF THE COMMON JUDGMENT
DATED 23/12/2021 OF THE HONOURABLE HIGH
COURT OF KERALA IN WP(C) NO. 6804/2021,
