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Gopinathan.V. vs Kerala Water Authority on 11 June, 2008

Kerala High Court
Gopinathan.V. vs Kerala Water Authority on 11 June, 2008
       

  

  

 
 
  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

W.P.(C).NO.29774/06

:: 2 ::

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

:: 3 ::

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/

//true copy//

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