[Cites 1, Cited by 0]
Kerala High Court
Geetha.P vs State Of Kerala on 5 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:94184
WP(C) NO. 45823 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF DECEMBER 2025 / 14TH AGRAHAYANA,
1947
WP(C) NO. 45823 OF 2025
PETITIONERS:
1 GEETHA.P
AGED 60 YEARS
W/O.R.NAGAPPAN, TC-09/1950(1), AISWARYA,
KARIYAM, THIRUVANANTHAPURAM, PIN - 695017.
2 VIDDIUL LATHA.P.A
AGED 60 YEARS
W/O.SIVASANKARAPILLAI, KALEELIL, VRA-11,
VETTUVILA LANE, KANNAMOOLA, THIRUVANANTHAPURAM,
PIN - 695011.
BY ADVS.
SHRI.R.BHASKARA KRISHNAN
SHRI.RAMABHADRA KURUP T.B.
SMT.CHANDRALEKHA S.S
SHRI.JOHNSON BENNET
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY
(HEALTH) HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN
- 695001.
2025:KER:94184
WP(C) NO. 45823 OF 2025 2
2 THE REGIONAL CANCER CENTRE
REPRESENTED BY ITS DIRECTOR, MEDICAL
COLLEGE.P.O., THIRUVANANTHAPURAM, PIN - 695011.
3 THE DIRECTOR
REGIONAL CANCER CENTRE, MEDICAL COLLEGE.P.O.,
THIRUVANANTHAPURAM, PIN - 695011.
OTHER PRESENT:
SR. GOVERNMENT PLEADER SMT. PRINCY XAVIER..
STANDING COUNSEL SRI. ATHUL SHAJI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:94184
WP(C) NO. 45823 OF 2025 3
JUDGMENT
Dated this the 5th day of December, 2025
The petitioners are retired Technical officers of the 2 nd
respondent organization. The petitioners attained
superannuation on 31.10.2024 and 30.04.2025 respectively.
The 1st petitioner entered into service as Radiographer on
01.11.1994. Her probation was declared on 12.11.1995. The
2nd petitioner entered into service as Radiographer on
01.12.1994. Her probation was declared on 01.12.1995. Both
the petitioners have completed 30 years of meritorious service
in the 2nd respondent institution.
2. The petitioners submitted that the fixation of
pay and other benefits for the petitioners are based on various
Government Orders and Circulars issued from time to time.
Now, the 3rd respondent has taken a unilateral stand that the
fixation of pay and benefits made available to the petitioners
were erroneous. This unilateral refixation and withholding of
2025:KER:94184
benefits is patently illegal. This Court has already taken a
decision in similar matters directing to disburse the withheld
benefits as seen in Exhibits-P9, P10 and P11.
3. I have heard the learned counsel for the
petitioners and the learned Standing Counsel representing
respondents 2 and 3. I have also heard the learned Senior
Government Pleader appearing for the 1st respondent.
4. The petitioners retired from service in
October, 2024 and April, 2025 respectively. It is after their
retirement that the amounts are sought to be recovered from
their terminal benefits.
5. Going through the pleadings and facts of the
case, I find that the claim of the petitioners is squarely covered
by the judgment of the Honourable Apex Court in State of
Punjab and others v. Rafiq Masih (White Washer) and
others [(2015) 4 SCC 334].
6. In view of the above, the petitioners are
entitled to relief.
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The writ petition is, therefore, disposed of directing
respondents 2 and 3 to release the amount withheld from the
petitioners, within a period of one month.
Sd/-
N.NAGARESH
JUDGE
DSV/5.12.2025
2025:KER:94184
APPENDIX OF WP(C) NO. 45823 OF 2025
PETITIONER'S EXHIBITS :
Exhibit P1 A TRUE COPY OF THE ORDER OF
SUPERANNUATION OF THE 1ST PETITIONER
NO. RCC/216/2020 ADMN2 DATED 12-11-
2024.
Exhibit P2 A TRUE COPY OF THE ORDER OF
SUPERANNUATION OF THE 2ND PETITIONER
NO. RCC/247/2024 ADMN2 DATED 30-04-
2025.
Exhibit P3 A TRUE COPY OF PRE-REVISED PAY FIXATION
STATEMENT OF THE 1ST PETITIONER.
Exhibit P4 A TRUE COPY OF THE ORDER NO. G.O.
(MS.)NO. 76/2021/H&FWD DATED 26-02-
2021.
Exhibit P5 A TRUE COPY OF PRE-REVISED PAY FIXATION
STATEMENT OF THE 2ND PETITIONER.
Exhibit P6 A TRUE COPY OF THE ORDER NO. G.O.(MS.)
NO. 76/2021/H&FWD DATED 26-02-2021.
Exhibit P7 TRUE COPY OF THE ORDER OF GRATUITY
ISSUED BY THE 3RD RESPONDENT NO.
RCC/642/GR/2024/FIN-E DATED 06-12-2024
TO THE 1ST PETITIONER.
Exhibit P8 TRUE COPY OF THE ORDER OF GRATUITY
ISSUED BY THE 3RD RESPONDENT TO THE 2ND
PETITIONER NO. RCC/230/GR/2025/FIN-E
DATED 27-05-2025.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.P(C)
26072 OF 2020 DATED 23-03-2020 OF THIS
HON'BLE COURT.
Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 21-
06-2022 IN W.A NO. 869 OF 2022 OF THIS
HON'BLE COURT.
Exhibit P11 A TRUE COPY OF THE JUDGMENT IN W.P(C)
39886 OF 2024, DATED 28-11-2024 OF THIS
HON'BLE COURT.
Exhibit P12 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE 3RD RESPONDENT BY
THE 1ST PETITIONER DATED 23-09-2025.
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WP(C) NO. 45823 OF 2025 7
Exhibit P13 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE 3RD RESPONDENT BY
THE 2ND PETITIONER DATED 23-09-2025.
