IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 26697 of 2006(C) -------------------------- PETITIONER(S): --------------- N. THRIVIKRAMAN PILLAI, (RTD.VIBRATOR OPERATOR, K.W.A.),SANTHI BHAVAN, MAVILATHARAKKAL,NALANCHIRA P.O.,THIRUVANANTHAPURAM BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU RESPONDENT(S): --------------- 1. KERALA STATE WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, KERALA WATER AUTHORITY, SECRETARIAT, THIRUVANANTHAPURAM. 3. ASST. EXECUTIVE ENGINEER, WATER WORKS SUB DIVISION, KOWDIAR, THIRUVANANTHAPURAM. ADV. SRI.C.UNNIKRISHNAN, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26697/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ORDER ISSUED BY GOVERNMENT G.O.(MS) 68/78/LA SWD DATED 31/03/1978. P2 : COPY OF JUDGMENT IN OP NO.332/88 OF THIS HONOURABLE COURT DATED 23/11/1992. P3 : COPY OF ORDER OF R3 DATED 06/11/1999. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------ WP(C) No.26697 of 2006 -------------------------- Dated, this the 22nd day of October, 2009 ------------------------------ J U D G M E N T The petitioner entered the services of the erstwhile Public Health Engineering Department on 21/11/1966. Subsequently, by Ext.P1 order dated 31/03/1978, the Government ordered that those unqualified persons who had discharged the duties of the higher posts for 3 years by 01/12/1971 will be allowed to hold the higher posts, the duty of which they were performing for more than 9 years. According to the petitioner, as he was discharging duties of the Vibrator Operator, he was entitled to get the benefits of Ext.P1. The benefits of Ext.P1 were not extended to him, and therefore, he approached this Court by filing O.P.No.332/1988. That Original Petition was disposed of by Ext.P2 judgment dated 23/11/1992 directing the 1st respondent to grant the benefit of Ext.P1 Government Order to the petitioner. Accordingly, the benefits were given. The petitioner submits that on attaining the age of superannuation of 60 years, he retired from service on 31/05/1994. WP(C) No.26697/2006 -2- Subsequently, he was issued Ext.P3 order dated 06/11/1999 informing that the post of Vibrator Operator is a Class III post, and he ought to have retired at the age of 55 years. It is stated that his continuance in service beyond 55 years was only for limited purpose of pay and allowances, and that other benefits received should be refunded to enable the Water Authority to work out his terminal benefits on the basis that he was a Vibrator Operator. 2. The petitioner challenged Ext.P3 before this Court by filing O.P.No.17157/2000, which was dismissed by judgment dated 03/12/2001. The petitioner submits that even now he is getting only minimum pension, and that his pensionary benefits should be reworked, taking into account Ext.P3. 3. In the counter affidavit filed, although the respondents have accepted the eligibility of the petitioner to have his benefits reworked taking into account Ext.P3, they point out that the petitioner ought to have retired at the age of 55 years, and for the beyond that, he has to refund the excess amount that he received. It is stated that once the amount is refunded as above, the benefits due to the petitioner will be reworked taking into account Ext.P3 as WP(C) No.26697/2006 -3- well. In view of the above facts, the stand of the respondents cannot be faulted, particularly since Ext.P3 order has been upheld by this Court dismissing O.P.No.17157/2000. If so, necessarily, the petitioner will have to comply with the requirements of Ext.P3 for claiming the benefits thereunder. Therefore, this writ petition is disposed of directing that on the petitioner complying with the requirements of Ext.P3 order, his terminal benefits will be re- worked treating his service in the post of Vibrator Operator, and the benefits that are due will also be released. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg