IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 29774 of 2006(T) --------------------------------------- PETITIONER: ------------------- GOPINATHAN.V., ASSISTANT EXECUTIVE ENGINEER (RETD.), WATER SUPPLY AUGMENTATION SUB DIVISION, VADAKARA, `REMYAM' 30/2250A, P.O.CHEVAYOOR, CALICUT-673 017. BY ADV. SRI.SIVAN MADATHIL. RESPONDENTS: ----------------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, KERALA WATER AUTHORITY, P.O.MALAPARAMBA, CALICUT-9. 3. THE SUPERINTENDING ENGINEER, P.H.CIRCLE, KERALA WATER AUTHORITY, KOZHIKODE. BY ADV. SRI.J.KRISHNA KUMAR, SC, K.W.A - R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29774/2006-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 15/09/06 FROM THE PETITIONER. EXT.P.2: COPY OF THE LETTER NO. KWA/CE/NR/A2:3565/06 DTD. 19/09/06 FROM THE CHIEF ENGINEER, KWA. EXT.P.3: COPY OF THE LETTER NO. KWA/CE/NR/A2:3565/06 DTD. 09/10/06 FROM THE CHIEF ENGINEER KWA. EXT.P.4: COPY OF THE JUDGMENT DTD. 30/05/06 IN O.P. NO. 30866/2000. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. 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//