Kerala High Court
Sunilkumar.P.U vs Kerala State Electricity Board on 3 February, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941
WP(C).No.11457 OF 2012(F)
PETITIONER/S:
1 SUNILKUMAR.P.U.
AGED 42 YEARS
ASSISTANT ENGINEER, 220 KV SUB STATION, KALMASSERY,
ERNAKULAM DISTRICT PIN-683104.
2 MARIYA SHEENA M.X.
ASSISTANT ENGINEER, T.C. SECTION, KERALA STATE
ELECTRICITY BOARD, ALUVA.
3 PUSHPAKARAN P.I.
ASSISTANT ENGINEER, ELECTRICAL SECTION KERALA STATE
ELECTRICITY BOARD PARAPPOOKARA, THRISSUR DISTRICT,
PIN-680310.
4 HARIDAS V.K.
ASSISTANT ENGINEER, ELECTRICAL SECTION KERALA STATE
ELECTRICITY BOARD, ATHANI, PIN-
5 SABU T.D.
ASSISTANT ENGINEER, 110 KV SUBSTATION, KERALA STATE
ELECTIRCITY BOARD KOODAPUZHA. CHALAKKUDY, PIN-
BY ADVS.
SRI.BIJU MARTIN
SRI.M.M.SALIM
RESPONDENT/S:
1 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY THE SECRETARY, VYDHUTHI BHAVAN,
THIRUVANANTHAPURAM-695001.
2 CHIEF ENGINEER (HUMAN RESOURCE MANAGMENT)
ELECTRICAL,
VYDHUTHI BHAVAN, HEAD QUARTERS, PATTOM, TRIVANDRUM-
695001.
3 THE DEPUTY CHIEF ENGINEER
GENERATION CIRCLE, VYDUTHI BHAVAN, THRISSUR-680004.
4 THE DEPUTY CHIEF ENGINEER
TRANSMISSION CIRCLE, VYDUTHI BHAVAN, THRISSUR-
680004.
5 THE ACCOUNTS OFFICER (AUDIT)
KERALA STATE ELECTRICTY BOARD, VYDHUTHI BHAVAN,
THIRUVANANTHAPURAM-695001.
SRI.M.K.THANKAPPAN, SC, KERALA STATE ELECTRICITY
BOARD LIMITED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.11457/2012
.
.
JUDGMENT
The petitioners, who were working as Assistant Engineers, filed this Writ Petition aggrieved by the proceedings initiated against them for recovery of hydel allowance which was granted to them while they were working in hydel project.
2. It is stated that hydel allowance was introduced as per Ext.P1 pay revision order issued in B.O.No.460/2001PSI/OPR/2000 on 23.02.2001. As per clause 21 of Ext.P1 Pay Revision Order 2001, all officers working in the hydel project areas and occupying departmental quarters would be eligible for hydel allowance at the rate of Rs.150/- per month. It was also ordered that the said allowance would be paid to the officers who are actually engaged in the field for investigation work for a period of not less than 14 days and that the engagement of officers for investigation work has to be matched with their tour diary and has to be certified by their respective controlling officers.
3. Clause 17 in Ext.P2 provides that hydel allowance now being paid @ Rs.150/- per month, to the officers W.P.(C) No.11457/2012 :4: working in the Hydel Project and occupying departmental quarters and also to those who are engaged for investigation work of Hydel Projects and investigation allowance @ Rs.200/- now being paid to officers actually engaged in investigation duties in field will be merged together as one allowance and revised to 10% of the basic pay subject to a maximum of Rs.1,300/-. It was ordered that the allowance shall be paid to the officers who are actually engaged in the field for investigation work and for the construction of hydel projects for a period of not less than 20 days in a month. Under the note it was provided that the allowance would be paid only to Officers who are physically staying in Project area and engaged in the field for investigation work/hydel projects.
4. Clause 17(a) of Ext.P2 order was modified as per Ext.P3 Board Order on 29.10.2009 based on the decision of Full Time Members in the meeting held on 26.10.2009 to the effect that "the allowance shall be paid to all Officers in Generation Profit Centre working in Hydel Project areas and also to the Officers who are actually engaged in the field for investigation work/construction of Hydel Projects". Board also accorded sanction to disburse Hydel Allowance just like any other allowance and to pay pro-rata amount to W.P.(C) No.11457/2012 :5: the number of days attended duty in a month. In the meanwhile audit objections were raised against the hydel allowance irregularly drawn by several officers during the period between 12.09.2007 and 29.10.2009 -the dates of Exts.P2 and P3. Secretary of the Board thereupon as per Ext.P4 letter dated 28.01.2012 requested the Chief Engineer to take action based on the following decisions of the Full Time Members taken in the meeting held on 18.01.2012 and 23.01.2012:
"to recover the irregularly drawn hydel allowance in respect of those employees as pointed out by the audit party as per letter dated 17.04.2009 and letter dated 21.01.2011 of CA party VI, camp at Deputy Chief Engineer, Generation circle, Thrissur; the refund as above shall be done on or before 31.03.2012; to call for explanation from those who claimed and disbursed hydel allowance to the ineligible employees".
5. The petitioners submit that as per Ext.P5 letter dated 24.03.2012 the Executive Engineer informed that the excess allowance drawn by the petitioners for the period from June 2008 to October 2008/2009 etc would be recovered. Executive Engineer, Electrical Division was asked to take urgent action in case excess allowance drawn for the period from 12.09.2007 to 29.10.2009 was not remitted. By Ext.P5(b) letter also similar direction was issued.
6. The writ petition was filed at this stage alleging W.P.(C) No.11457/2012 :6: that the 1st respondent is not taking any action on the representations Ext.P6 series submitted by the petitioners. The petitioners alleged that before initiating proceedings for recovery their explanation was not called for.
7. This Court had issued an interim order on 18.05.2012, when the matter came up for admission staying further proceedings for recovery. It is seen that the petitioners have submitted Ext.P6 series of representations. The petitioners have already submitted their explanation even though no explanation was called for by the respondents.
Therefore, there shall be a direction to the 1 st respondent to consider Ext.P6 series of representations and to pass orders in accordance with law within a period of three months from the date of receipt of a copy of the judgment. Till such time no recovery shall be made from the salary of monetary benefits due to the petitioners.
The Writ Petition is disposed of accordingly.
Sd/-
P.V.ASHA
rkc JUDGE
W.P.(C) No.11457/2012
:7:
APPENDIX
PETITIONERS' EXHIBITS
P1: TRUE COPY OF THE B.O.NO.460/2001, PSI/OPR/2000
THIRUVANANTHAPURAM DT.23.2.2001
P2: TRUE COPY OF THE ORDER B.O. (FM) NO.2075/2007
(PSI/OPR/2007) THIRUVANANTHAPURAM, DT.12.9.07 P3: TRUE COPY OF THE ORDER B.O.(FM) NO.2771/09 (GPC4/ADMIN/39/09) DT, THIRUVANANTHAPURAM, 29.10.09 P4: TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT NO.GPC4/ADMIN/39/09/1467 DT.28.1.12 P5: TRUE COPY OF THE LETTER NO.EBI/AUDIT/2011-12/2056 DT.24.3.12 P5A: TRUE COPY OF THE LETTER NO.EBI AUDIT/2011-12/2055 DT.24.3.12 P5B: TRUE COPY OF THE LETTER NO.EBI AUDIT/2011-12/2034 DT: .03.2012 P5C: TRUE COPY OF THE LETTER NO.EBI/GEN/2011-12/3286 DT.30.3.12 P6: TRUE COPY OF THE REPRESENTATION OF THE 1ST PETITIONER DT.7.5.12 P6A: TRUE COPY OF THE REPRESENTATION OF THE 2ND PETITIONER DT.9.5.12 P6B: TRUE COPY OF THE REPRESENTATION OF THE 3RD PETITIONER DT.8.5.12 P6C: TRUE COPY OF THE REPRESENTATION OF THE 4TH PETITIONER DT.6.5.12 P6D: TRUE COPY OF THE REPRESENTATION OF THE 5TH PETITIONER DT.8.5.12 P7: TRUE COPY OF THE INTERIM ORDER IN WPC NO.10586/12 DT.11.5.12