IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 34658 of 2009(B) -------------------------- PETITIONER(S): --------------- THOMAS CHERIAN, S/O.M.V. CHERIAN, KAKKANATTU HOUSE, THUKLASSERY, THIRUVALLA (EXECUTIVE ENGINEER RETIRED) KERALA WATER AUTHORITY, THIRUVALLA. BY ADV. SRI.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENT(S): --------------- 1. THE KERALA WATER AUTHORITY, OFFICE OF THE KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR,THE KERALA WATER AUTHORITY, OFFICE OF THE KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM. 3. THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, OFFICE OF THE MANAGING DIRECTOR, FINANCE WING, THE KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM. 4. THE ACCOUNTS OFFICER (ESTT.), THE KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.34658 of 2009 ------------------------------------------- Dated this the 4th day of January, 2010 JUDGMENT The petitioner is a retired Executive Engineer. He retired from the Kerala Water Authority on 30.11.2008 on attaining superannuation. The petitioner was fastened a liability of Rs.1,02,659/- by Exts.P4 and P4(a) proceedings. The said amount was sought to be recovered from his gratuity. The petitioner challenged the action before this Court in W.P.(c) No.28307/2009. As per Ext.P5 judgment, the proceedings against the petitioner and others were quashed. The petitioner was permitted to submit a fresh representation. This Court also permitted the Water Authority to take fresh action after complying with the principles of natural justice. Therefore, at present, the liability fixed on the petitioner is not in existence. It is the complaint of the petitioner that W.P.(C)No.34658/2009 2 when Ext.P6 gratuity payment order has been issued, the said amount of Rs.1,02,659/- has been shown as his liability and deducted from his gratuity amount ordered to be paid. 2. Since there is certainly a chance that liability may be fixed on the petitioner by fresh orders that the Kerala Water Authority may pass in the matter, the petitioner is willing to furnish security by executing a bond undertaking to pay any amount that may be found due or recoverable from him. The Standing counsel for the Water Authority also insists that the gratuity may be disbursed to the petitioner only on his executing a security bond for the full amount of liability, that has been mentioned in Ext.P6. This Writ Petition is accordingly disposed of directing the respondents to disburse the gratuity amount due and payable to the petitioner without deducting the amount of Rs.1,02,659/-, that is shown as liability in Ext.P6 on condition that the petitioner W.P.(C)No.34658/2009 3 executes and furnishes a security bond for the said amount to the satisfaction of the third respondent. On his executing such a security bond, the gratuity amount shall be disbursed to the petitioner within two weeks of his executing the security bond. K.SURENDRA MOHAN, JUDGE css/