Kerala High Court
Gopalakrishna Pillai K. R vs State Of Kerala on 14 December, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
WP(C).No.26612 OF 2020(B)
PETITIONER:
GOPALAKRISHNA PILLAI K. R., AGED 63 YEARS
S/O THE LATE RAMAKRISHNA PILLAI,
ASSISTANT ENGINEER (RETIRED), I
NVESTIGATION PLANNING AND DESIGN SECTION III,
KERALA WATER AUTHORITY, CEMETARY JUNCTION, KOCHI,
RESIDING AT KIZHAKKAYIL HOUSE, KOLAPRA, KUDAYATHOOR
P. O., THODUPUZHA, IDUKKI DISTRICT - 685 590.
BY ADVS.
SHRI.S.ANEESH
SMT.SANDHYA C.NAIR
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
WATER RESOURCES (WATER SUPPLY -B) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR,
'JALA BHAVAN', VELLAYAMBALAM P. O.,
THIRUVANANTHAPURAM - 695 033.
3 MANAGING DIRECTOR, KERALA WATER AUTHORITY,
'JALA BHAVAN', VELLAYAMBALAM P. O.,
THIRUVANANTHAPURAM - 695 033.
4 CHIEF ENGINEER (HRD AND GI)
KERALA WATER AUTHORITY, 'JALA BHAVAN',
VELLAYAMBALAM P. O., THIRUVANANTHAPURAM - 695 033.
5 FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER
OFFICE OF THE MANAGING DIRECTOR, KERALA WATER
AUTHORITY, FINANCE WING, 'JALA BHAVAN',
VELLAYAMBALAM P. O., THIRUVANANTHAPURAM - 695 033.
6 EXECUTIVE ENGINEER
INVESTIGATION PLANNING AND DESIGN DIVISION,
KERALA WATER AUTHORITY, KOCHI - 682 018.
WPC 26612/20
2
7 ASSISTANT EXECUTIVE ENGINEER
INVESTIGATION PLANNING AND DESIGN SUB DIVISION,
KERALA WATER AUTHORITY, KOCHI - 682 018.
BY ADVS.
SMT.MARY BENJEMIN - SC
SRI. BIJOY CHANDRAN - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 26612/20
3
JUDGMENT
The petitioner, who is stated to have retired as an Assistant Engineer from the services of the Kerala Water Authority, has approached this Court complaining that even though it has been more than 7 years after he has superannuated, he has not been paid his eligible Death-cum-Retirement Gratuity (DCRG for short); and therefore, prays that the same be directed to be disbursed to him at the earliest.
2. Sri.S.Aneesh - learned counsel for the petitioner, concedes that a vigilance enquiry against his client had been ordered during the time when he was in service, but that this is not a valid reason why the Water Authority can refuse to disburse the DCRG, particularly in view of the emphatic declaration of law by the learned Full Bench of this Court in Chandran v. Local Self Government Department WPC 26612/20 4 [2020(5)KLT 669 (FB)]. He, therefore, prays that the Water Authority be directed to disburse the DCRG to his client at the earliest.
3. In response, Smt.Mary Benjamin - learned Standing Counsel for the Water Authority, submitted that the petitioner's DCRG has been withheld only because vigilance proceedings against him are still continuing and therefore, that this Court may not direct her client to pay the same, until the said proceedings are completed.
4. Even when I hear the learned Standing Counsel on the afore lines, it is now without doubt, consequent to the declaration of law in Chandran (supra), that even in the event if the petitioner is found guilty or even if the proceedings against him are continuing, the Water Authority is incompetent to withhold or refuse disbursal of the DCRG amounts. Since WPC 26612/20 5 these declarations are binding on me, I have no other option but to allow this Writ Petition, as prayed for by the petitioner.
In the afore circumstances, I order this writ petition and direct the competent Authority of the Water Authority to disburse the eligible amounts of DCRG to the petitioner, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment; failing which the amount will carry interest at the rate of 9% from the date it became actually due, until it is paid. I am fixing the above time - even though Smt.Mary Benjamin submits that another Bench of this Court has granted the Water Authority a period of six months, based on a priority list of retirees, to disburse the DCRG - because of the fact that the petitioner has retired as early as in the year 2013 and has been awaiting payment WPC 26612/20 6 for the last more than seven years.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 26612/20
7
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF LETTER DATED 04.05.2013
ISSUED BY THE 7TH RESPONDENT TO THE 6TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF LETTER DATED 17.05.2013 ISSUED BY THE 6TH RESPONDENT TO THE PROJECT COORDINATOR JNNURM PROJECT CIRCLE, KERALA WATER AUTHORITY. EXHIBIT P3 TRUE COPY OF REPORT DATED 27.11.2014 SUBMITTED BY THE MANAGING DIRECTOR, KERALA WATER AUTHORITY BOARD TO THE GOVERNMENT.
EXHIBIT P4 TRUE COPY OF LETTER DATED 24.01.2015 ISSUED BY THE ACCOUNTS OFFICER (ESTT.), KERALA WATER AUTHORITY TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 22.06.2015 SUBMITTED BY THE PETITIONER TO THE HON'BLE CHIEF MINISTER.
EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 13.10.2015 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 03.11.2015 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER.
EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 23.03.2017 SUBMITTED BY THE PETITIONER TO THE HON'BLE MINISTER FOR WATER RESOURCES.
EXHIBIT P9 TRUE COPY OF LETTER DATED 25.07.2017 ISSUED BY THE GOVERNMENT TO THE 3RD RESPONDENT.
EXHIBIT P10 TRUE COPY OF ORDER DATED 16.10.2017 WPC 26612/20 8 ISSUED BY THE ACCOUNTS OFFICER, KERALA WATER AUTHORITY.
EXHIBIT P11 TRUE COPY OF LETTER DATED 24.05.2019 ISSUED BY THE 3RD RESPONDENT TO THE DIRECTOR, VACB, THIRUVANANTHAPURAM. EXHIBIT P12 TRUE COPY OF REPRESENTATION DATED 27.12.2019 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P13 TRUE COPY OF GO(RT) NO.181/2020/WRD DATED 26.02.2020 ISSUED BY THE GOVERNMENT.
EXHIBIT P14 TRUE COPY OF REPRESENTATION DATED 21.05.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.