Vijayan.M.V. vs State Of Kerala & Ors.

Heard Sri. M. Sasindran, learned counsel for the petitioner as well as Sri. P.M. Johny, learned Standing Counsel for the respondent-Kerala Water Authority.

The petitioner entered the service of Kerala Water Authority as a peon on 04.12.1997. While serving in the Kerala Water Authority, the 3^rd Time Bound Higher Grade was granted to the petitioner w.e.f. 04.12.2019 by Ext.P1. Subsequently, while working as Meter Reader, he retired from service on 31.03.2022. The petitioner states that Ext.P5 has been now issued by the 4^th respondent, on 16.11.2022, finding that the petitioner was not entitled to receive the 3^rd Time Bound Higher Grade and pursuant to which 5^th respondent also issued Ext.P6 by seeking to refix the pay, without notice to the petitioner. It is seeking to challenge Ext.P5 and Ext.P6 issued as above that the petitioner is before this Court. The petitioner’s DCRG was sanctioned pursuant to Ext.P7, and an amount of Rs.75,374/- was deducted by the respondent - Kerala Water Authority, and only the balance portion was disbursed to the petitioner. It is also seeking to challenge the afore that the petitioner is before this Court.

The fact that the 3^rd Time Bound Higher Grade was granted on 04.12.2019 not on the basis of mis-representation and only on the basis of Ext.P1 is not in dispute. When that be so, especially since the petitioner has admittedly retired from service on 31.03.2022, I am of the opinion that the principles laid down by the Apex Court in State of Punjab and Others v. Rafiq Masih (White Washer) [2015 (4) SCC 334] would apply to the facts of the case. Similarly, this Court is also of the opinion that the principles laid down by a learned Single Judge of this Court in Babu C. v. Travancore Devaswom Board [2023 KHC OnLine 10806] that when the fixation was not on the basis of any fraud played by the employee, there cannot be any refixation at the fag end of the career also requires to be taken note of.

In such circumstances, I am of the opinion that the petitioner is entitled to succeed. Therefore, this writ petition would stand allowed, setting aside Exts.P5 and P6. There will also be a direction to the competent among the respondents to disburse the amount that has been withheld pursuant to Ext.P7 to the petitioner as expeditiously as possible, at any rate, within a period of three months from today. Needless to say, on account of the afore, the consequential benefits entitled to the petitioner also to be disbursed.