IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 29774 of 2006(T) 1. GOPINATHAN.V., ASSISTANT EXECUTIVE ... Petitioner Vs 1. KERALA WATER AUTHORITY, REPRESENTED ... Respondent 2. THE CHIEF ENGINEER, KERALA WATER 3. THE SUPERINTENDING ENGINEER, For Petitioner :SRI.SIVAN MADATHIL For Respondent :SRI.J.KRISHNA KUMAR, SC, KWA The Hon'ble MR. Justice V.GIRI Dated :11/06/2008 O R D E R V.GIRI, J. ------------------------- W.P.(C).No.29774 of 2006 T ------------------------- Dated this the 11th day of June, 2008. JUDGMENT
The petitioner, who retired from the
Water Authority as an Assistant Executive
Engineer, is aggrieved by the non-disbursal
of the Death cum Retirement Gratuity due to
him.
2. The only dispute is whether the
excess amount paid to one Mr.Jayaprakashan,
who was working as NMR worker, pursuant to
the orders issued by the then Assistant
Executive Engineer, on the basis of which
the petitioner, who was the Assistant
Engineer, had prepared the bill, should be
treated as the liability of the petitioner.
Reference is made to Ext.P4 judgment filed
by the aforementioned Mr.Jayaprakashan. The
question as to whether the amount should be
recovered from Mr.Jayaprakashan or not has
not been finally decided in the said writ
petition. But, it was made clear that the
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petitioner therein shall be proceeded with
only if other similarly situated persons are
also proceeded with.
3. The counter affidavit filed by the
Water Authority is silent on this aspect. In
my view, it may not be justified on the part
of the Water Authority to withhold the Death
cum Retirement Gratuity due to the
petitioner, without there being any certainty
as regards the liability of Mr.Jayaprakashan,
even as on date.
5. In the result, the writ petition
is disposed of directing the 1st respondent
to disburse to the petitioner the Death cum
Retirement Gratuity due to him, within one
month from today. The petitioner shall
execute a bond in terms of Note 5 of Rule 116
of Part III of the Kerala Service Rules, as a
condition for obtaining the Death cum
Retirement Gratuity. If it is ultimately
found that any amount is recoverable from the
W.P.(C).NO.29774/06
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petitioner, appropriate steps may be taken
for enforcement of the bond, in accordance
with law.
The petitioner shall produce a copy
of this judgment along with a copy of the
writ petition before the 1st respondent for
compliance.
Sd/-
(V.GIRI)
JUDGE
sk/
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