Disposed

C v. Mathew v Kerala Water Authority

Kerala HC3 Jun 2024WP(C)/19879/2024

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by a former Assistant Executive Engineer seeking terminal benefits. The court directed the managing director to dispose of the pending representation within two months and, if eligible, disburse the amount within a further two months.

What did the court decide?

Direction to the Managing Director to dispose of the pending representation (Ext.P3) within two months and disburse the claimed amount if eligible within a further two months.

C v Mathew Vs Kerala Water Authority — Pension and Retirement Benefits | Kerala HC (2024)

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WPC 19879/24

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE BASANT BALAJI

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MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946

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WP(C) NO. 19879 OF 2024

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PETITIONER/S:

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C V MATHEW, AGED 66 YEARS, S/O K.V VARGHEES, RESIDING AT
CHANNATHAZHIKATHU, O.R.A -70, OLAYIL, THEVALLI P.O,
KOLLAM, PIN - 691009

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BY ADVS. G.RANJU MOHAN ,K.K.VIJAYAN(K/000416/1983)

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RESPONDENT/S:

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1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JAL BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695002

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2 MANAGING DIRECTOR KERALA WATER AUTHORITY, JAL BHAVAN, THIRUVANANTHAPURAM., PIN - 695002

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3 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER KWA JAL BHAVAN, THIRUVANANTHAOURAM., PIN - 695002

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4 THE CHIEF ENGINEER SOUTHERN REGION, KWA JAL BHAVAN, THIRUVANANTHAPURAM., PIN - 695002

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OTHER PRESENT:

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SR GP SMT MARY BEENA JOSEPH, SC SRI. P.M JOHNY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOL-
LOWING:

WPC 19879/24

JUDGMENT

(Dated this the 3^rd day of June 2024)

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The petitioner superannuated from the 1^st respondent on

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31.10.2013 as Assistant Executive Engineer. A major penalty was imposed on the petitioner of barring one increment with cumulative effect without conducting any enquiry as contemplated under Rule 15 of Kerala Civil Services (Classification, Control & Appeal) Rules, 1960. The petitioner filed W.P.(C) No.33011 of 2018 to set aside the same and this court set aside the punishment imposed and held that the petitioner is entitled to all the consequential benefits and directed

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to disburse the benefits within a period of 4 months.

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Since the terminal benefits were not disbursed, the petitioner approached this court by filing Con.Case No.1617 of 2021. Thereafter, an order was passed by the 2^nd respondent on 25.10.2021 sanctioning pensionary benefits. Since the entire benefits were not paid, the petitioner filed Ext.P3 representation before the 2^nd respondent with certain calculation statements regarding non-payment of the amount due to him.

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WPC 19879/24

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The counsel for the petitioner submits that the petitioner would

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be satisfied if Ext.P3 is directed to be disposed of within a time frame.

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The standing counsel for the respondents submits that in compliance with the direction of this court issued in Ext.P1, the pensionary benefits were released as per Ext.P2 and if Ext.P3 is pending, the same will be taken into consideration and orders will be passed in accordance with law.

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Therefore, this Writ Petition is disposed of directing the 2^nd respondent to take up Ext.P3 and pass appropriate orders within a period of 2 months from the date of receipt of a copy of this judgment, affording an opportunity of hearing to the petitioner. If the 2^nd respondent finds that the petitioner is eligible for the amount as claimed in Ext.P3, the same shall be disbursed within a period of 2 months thereafter.

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Sd/-

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BASANT BALAJI, JUDGE

dl/

WPC 19879/24

PETITIONER EXHIBITS

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Exhibit P1 THE TRUE COPY OF THE JUDGEMENT DATED 27-11-2019 IN WPC N0. 33011/2018

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Exhibit P2 TRUE COPY OF THE ORDER NO KWA/JB/VIGILANCE/10567/2010 DATED 25-10-2021 PASSED BY THE 1ST RESPONDENT

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Exhibit P3TRUE COPY OF THE REPRESENTATION ALONG WITH THE DETAIL
CALCULATION STATEMENT DATED 22-04-2024

C v. Mathew v Kerala Water Authority

Case brief

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C v. Mathew v Kerala Water Authority

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