IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 21057 of 2011(F) ----------------------------------------- PETITIONER(S): ------------------------- I.P.VARGHESE, S/O.PAULOSE, AGED 56 YEARS, ILLICKAL HOUSE, MAMALA.P.O., THIRUVANKULAM-682 305, ERNAKULAM DISTRICT, KERALA. BY SRI.I.P.VARGHESE, PARTY-IN-PERSON RESPONDENT(S): -------------------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY IT'S MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033. 2. THE FINANCE MANAGER/CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 033. 3. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY DIVISION, KOCHI-18. 4. THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY SUB-DIVISION, PUTHENCRUZ-682 308. BY ADV. SMT.AMBIKA DEVI, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21057/2011 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF APPOINTMENT ORDER NO.E1-2007/81 DTD. 23/07/1987 ISSUED BY EXECUTIVE ENGINEER P.H.DIVISON, PERUMBAVOOR. P2: COPY OF THE INTERVIEW LETTER FROM EXECUTIVE ENGINEER, P.H.DIVISION, PERUMBAVOOR, DTD. 4/07/1987 FOR PROVISIONAL APPOINTMENT OF OPERATOR. P3: COPY OF THE PAY FIXATION ORDER NO.E.529/94 DTD. 15/05/1995 OF ASST.EXECUTIVE ENGINEER, W.B.P.SUB DIVISION, CHOONDY PUTHENCRUZ. P4: COPY OF THE ORDER OF THE EXECUTIVE ENGINEER ORDER NO.E1-93/87 DTD. 18/02/91 THE DATE OF EFFECT OF PAY SCALE WITH EFFECT FROM THE DATE OF APPOINTMENT. P5: COPY OF THE REVISED PAY SCALE AS PER ORDER OF ACCOUNT OFFICER DONE BY WORLD BANK PROJECT SUB DIVISION ASST.EXECUTIVE ENGINEER, PUTHENCRUZ. P6: COPY OF THE SECOND TIME BOUND HIGHER GRADE ORDER NO.E-14500/95 VOL.II DTD. 23/11/05 ISSUED BY THE EXECUTIVE ENGINEER, KOCHI - 14. P7: COPY OF THE AUDIT REMARKS AND REPORT ISSUED BY FINANCE MANAGER NO.KWA A/AO/PR - 2-237/1935 DTD. 22/07/2010. P8: COPY OF THE REPLY LETTER ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER NO.378/10 DTD. 13/09/2010. P9: COPY OF THE PENSION ORDER ADMITTED BY THE FINANCE MANAGER NO.KWA/AO (ESTT)PEN.7097/415 DTD. 10/02/2011. P10: COPY OF THE LETTER SEND TO THE CHIEF MINISTER'S PUBLIC GRIEVANCE REDRESSEL FORUM. P11: COPY OF THE HON'BLE COURT JUDGMENT DTD. 27TH JUNE 1996 IN O.P.NO.4712 OF 1992. P12: COPY OF THE GRAATUITY PAYMENT ORDER NO.12661/839 DTD. 7/03/2011. P13: COPY OF THE PENSION COMMUTATION ORDER NO.10191/841 DTD.7/03/2011. P14: COPY OF THE REPRESENTATION FORWARDED TO THE MANAGING DIRECTOR DTD. 11/05/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.21057 of 2011-F. = = = = = = = = = = = = = Dated this the 15th December, 2011. J U D G M E N T The petitioner is a retired employee of the Kerala Water Authority. He was appointed as an Operator on 29.7.1987. According to the petitioner, he has a continuous service of 22 years 8 months and 3 days. There are no departmental proceedings pending against him. There are also no liabilities pending recovery against him. The petitioner complains that he has not been sanctioned or paid his retirement benefits. The objection raised is that provisional employees who were subsequently regularised were not eligible for being granted certain increments. However, they were paid such increments. Having been paid excess amounts, steps have been initiated to recover such payments from his DCRG. The petitioner has submitted Ext.P14 representation disputing the liability that WP(C).No.21057/2011-F. 2 has been imposed on him. According to the petitioner, the increments drawn by him were all properly sanctioned. Ext.P14 is pending consideration of the first respondent. Since Ext.P14 is pending consideration of the first respondent, it is only appropriate that the said authority considers the same and passes appropriate orders thereon expeditiously. 2. In the above circumstance, this writ petition is disposed of directing the first respondent to consider the contentions of the petitioner set out in his representation, evidenced herein by Ext.P14, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner also. K.SURENDRA MOHAN, (Judge) Kvs/-