IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 34670 of 2005(B) ---------------------------------------- PETITIONER(S): ------------------------ E.V. RAVEENDRAN, EDUVAYIL HOUSE, P.O.MULLASSERI, THRISSUR DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. DISTRICT TRANSPORT OFFICER, GURUVAYOOR. R1 & R2 BY ADV. SHRI JOHNSON P.JOHN, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 34670 of 2005(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RULES OF THE 1ST RESPONDENT DATED 09/10/1987. EXT.P2: COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 17/05/1993. EXT.P3: COPY OF THE COMMON JUDGMENT OF THIS HONOURABLE COURT DATED 30/07/1993 IN O.P. NO. 10010/1993. EXT.P4: COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 17/07/1995 NO. PFC.4050/91. EXT.P5: COPY OF THE ORDER (G.O. MEMO NO.PFC/4050/91 DATED 17/07/1995 OF THE 1ST RESPONDENT). EXT.P6: COPY OF THE MEMO OF THE 2ND RESPONDENT PLI.2860/95/GVR DATED 14/12/1995. EXT.P7: COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 12/08/1996. EXT.P8: COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 12/08/1996. EXT.P9: COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 12/08/1996. EXT.P10: COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 12/08/1996. EXT.P11: COPY OF THE JUDGMENT DATED 14/02/2005 OF THIS HONOURABLE COURT. EXT.P12: COPY OF THE ORDER NO.PL.7/020012/2005 DATED 07/09/2005 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.34670 OF 2005 ---------------------------------------------- Dated this the 3rd day of August, 2011 JUDGMENT The petitioner was an employee of the Kerala State Road Transport Corporation. He retired from service on 31.3.1993. As per Ext.P1 grade promotion rules, the petitioner was granted grade promotion as per Clause 9(j) (B). The petitioner was given fixation and pay accordingly. Subsequently, by Ext.P2 order dated 17.5.1993, clause 9(j)(B) of Ext.P1 was deleted. On the ground that, on deletion of the rule, the petitioner is not entitled to the benefits of fixation of pay on grade promotion, proceedings were initiated for recovery of the alleged excess amount given to the petitioner. Some others challenged Ext.P2 by filing original petitions before this Court, in which by Ext.P3 judgment held as follows: “As agreed by counsel for petitioners and respondents these original petitions are taken up for final disposal. 2. The challenge is to the order dated 17.5.1993, copy of which is Ext.P2 in O.P.No.10174 of 1993, passed by the first respondent by which an earlier order dated 9.10.1987 marked as Ext.P1 was set aside to the extent of its application to clerks and other allied categories in the matter of their fitment to Scale 7, which W.P.(C)No34670/05 2 was provided to those who acquired that qualification belatedly. Indeed, Ext.P1 itself was passed on the basis of an agreement between the Corporation and its employees. In the background in which the decision was taken it could not have been faulted. The Corporation has not case that the relevant background ceased to exist on the date of Ext.P2. However, the reason stated is, ----- “the agreement conditions of 84 scale revision did not envisage an additional grade to those Clerks and ASK's who acquired test qualification belatedly and therefore the intention of the Board was to delete the clause in G.P. Rules issued under PFC.40301/87 dated 9.10.1987”. It is rested on an assumption and not on acceptable facts. Obviously, the scope of the agreement and the basis on which the Ext.P1 was passed had been misconstrued while passing Ext.P2, which in my view, does not deserve to be sustained. It is accordingly set aside, however, without prejudice to the right of the respondents to take fresh and other appropriate action if warranted by the provisions of law, practice and the agreement if any in force. Whatever decision is going to be taken should be after giving the employees or their representatives an opportunity of being heard. If follows that the amounts recovered pursuant to the impugned order will be restored. No doubt, it would be open to the Corporation to enter into some viable working arrangement with them in the matter of repayment. The original petition is disposed of as above.” Pursuant thereto, Ext.P4 order was passed. That was again challenged before this Court and by Ext.P11 order, this Court directed reconsideration of the matter. Pursuant thereto, Ext.P12 order has been passed confirming the earlier action. It is under the above circumstances, the petitioner has filed this writ petition seeking the following relief: “(i) To issue a writ of certiorari or any other appropriate writ, order or direction quashing W.P.(C)No34670/05 3 Exhibit P4, P5 and P12 orders after calling for the records relating to the same”. 2. A counter affidavit has been filed by the Kerala State Road Transport Corporation supporting the impugned orders. 3. I have considered the rival contentions in detail. It is not disputed before me that at the time when the petitioner was granted grade promotion under clause 9(j) (B) of Ext.P1 that rule was valid. It was subsequently, that too after the retirement of the petitioner that, that rule was deleted. Nobody has any case that the petitioner in any way contributed to the situation. 4. In the above circumstances, I do not think that the petitioner can be visited with the liability to repay the alleged excess amount paid to him, at this point of time. Accordingly, that part of the impugned orders whereby the excess salary paid to the petitioner was sought to be recovered is quashed. It is declared that the petitioner is not liable to refund any excess salary paid to him. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No34670/05 4 W.P.(C)No34670/05 5