IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 16697 of 2010(J) -------------------------- PETITIONER(S): --------------- VIJAYAN K.JOS, OFFICE ASSISTANT, MATERIALS MANAGEMENT DIVISION, INSTRUMENTATION LTD KANJIKODE WEST, PALAKKAD (UNDER ORDER OF VRS) RESIDING AT B,22, KAILAS NAGAR, PUDUSSERY, PALAKKAD 678623. BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): --------------- 1. INSTRUMENTATION LTD., REPRESENTED BY THE CHAIRMAN-CUM-MANAGING DIRECTOR, KOTA-5, RAJASTHAN. 2. GENERAL MANAGER, INSTRUMENTATION LTD., KANJIKODE WEST, PALAKKAD. SC SR. E.K. MADHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.16697 OF 2010 (J) -------------------------------------------------- Dated this the Ist day of June, 2010 J U D G M E N T Petitioner, though working as an Office Assistant under the first respondent, applied for the benefit of voluntary retirement scheme, which was accepted with effect from 15.10.2010, as can be seen from Ext.P1. However, by Ext.P2 he was informed that an amount of Rs.2,96,690.05 is due to be recovered from him. 2. Petitioner submits that the amount of advance which is proposed to be recovered from the terminal benefits due to him, is the amount paid as advance pending implementation of the pay revision orders. It is stated that although pay revision orders have been implemented by the Company, arrears are not paid and that if arrears are paid, the amount now sought to be recovered will be set off from the amount due to him. He also relies on Exts.P3 and P4 judgments of this court, where, in similar circumstances employees were directed to execute a bond undertaking to discharge the liability, if any, ultimately the same was found to be paid. WPC.No.16697 /2010 :2 : 3. I heard the Standing Counsel appearing for the respondents also. If as stated by the petitioner, the amount now sought to be recovered from the terminal benefits represent the interim payments made in anticipation of implementation of the pay revision benefits, the liability is likely to be set off, as and when monetary benefits are released. If that be so, there is no reason why the amounts should be recovered at this stage. 4. In the said circumstances taking into account the directions in Exts.P3 and P4 representations, it is directed that if the petitioner executes a bond to the satisfaction of the 2nd respondent, undertaking to discharge the liability, which is ultimately found to be due, the benefits arising out of Ext.P1 will be disbursed to him without recovering any amount towards the advance paid. 5. Writ Petition is disposed of as above. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No.16697 /2010 :3 :