High Court of KeralaSingle Judge2022-12-02Petition allowed in part; set aside liability a...

K.A. Hassan v. State of Kerala & Ors

Case / Petition Number:WP(C) No. 13256 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Anu Sivaraman
Judgment Date: 2022-12-02
Court Decision / Holding: Writ petition allowed in part; P6 and the liability for fixation (P7) set aside. The respondents are directed to release the petitioner’s retirement benefits, including DCRG, within six months, and to disburse the leave surrender amounts along with PF interest from 15.02.2021 to 08.12.2021 within two months, taking seniority into account.
Final Disposition: Petition allowed in part; set aside liability arising from old fixation; directive to release retirement benefits and related amounts within specified timeframes; maintain seniority considerations in retirement records.

Parties to the Case

Appellants / Petitioners

K.A. Hassan

Respondents

State of Kerala
Kerala Water Authority
Finance Manager and Chief Accounts Officer, KWA
Accounts Officer (Pension & Pay Slip), KWA
Superintending Engineer, PH Circle, KWA, Thrissur
Executive Engineer, PH Division, Irinjalakuda
Assistant Executive Engineer, PH Sub Division, Mala
The Assistant Engineer, PH Division, Kodungallur

Legal Representation & Advocates

Counsels for Petitioners

• Sri. P.M. Johny - SC

Counsels for Respondents

• Sri. V.K. Sunil, Senior Government Pleader

Case Synopsis & Summary

Petitioner, K.A. Hassan, a retired Meter Inspector of the Kerala Water Authority, seeks certiorari to quash Exhibits P6 and P7 and mandamus to sanction and disburse retirement benefits, including monthly pension with arrears, DCRG, and commuted value, leave surrender, and provident fund (PF) interest, along with other related entitlements. He retired on 30 November 2021, but alleges non-release of gratuity and PF closure amounts. He was served with Exhibit P6 (notice) and Exhibit P7 (pension payment order) alleging liability for a past erroneous fixation of pay and promotion, linked to pay revisions from 1992 onward, implying a huge liability for recovery. Respondents contend that past service was counted from 20.07.1987 instead of 19.09.1991, leading to erroneous 1st–4th time-bound higher grade promotions; the liability to recover excess draws was computed at Rs. 16,29,999, and the GPF closure payment was issued but delayed due to revenue constraints. The court notes no prior notice of error was served before retirement; the fixation error dates back to 1992 and only came to light during pension verification post-retirement. Relying on the Supreme Court’s Rafiq Masih (White Washer) doctrine, it held that no liability can be imposed for an old fixation error without pre-retirement notice. Accordingly, P6 and the fixation liability in P7 are set aside; the court directs release of retirement benefits within six months and payment of LEAVE surrender and PF interest within two months, factoring seniority.

Legal Doctrines & Maxims

Rafiq Masih (White Washer) doctrine – no liability for a long-ago fixation error without prior notice during service; the petitioner’s retirement occurred before any notice of error, and the liability cannot be imposed under the circumstances described.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that though he retired on 30.11.2021, no pre-retirement notice of any erroneous fixation or liability was served; Exhibits P6 (notice) and P7 (pension order) were issued only after retirement, invoking a past fixation error tied to 1992 pay revision. He submits that liability cannot be imposed for errors occurring years earlier, particularly when the petitioner was not informed during service. The relief sought includes quashing Exhibits P6 and P7 and mandamus to release retirement benefits (pension with arrears, DCRG, commuted value, leave surrender, PF interest) within reasonable time, with seniority considerations in retirement records.

Contentions of Respondents

The respondents contend the petitioner’s past service was counted incorrectly from 20.07.1987 rather than 19.09.1991, leading to erroneous time-bound promotions and corresponding liabilities; they argue the liability to recover excess amounts (Rs.16,29,999) was correctly calculated and that PF closure was issued, albeit delayed due to revenue constraints. They urge adjustment against retirement benefits and repayment as per government finances and pension rules.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
State Of Punjab & Ors v. Rafiq Masih (White Washer)	2015 (1) KLT 429 (SC)	Positive	The court explicitly applies the Rafiq Masih doctrine, holding that a liability based on old fixation without pre-retirement notice cannot be enforced; the decision supports the petitioner’s position.
Ram Gulam v. State of Bihar & Ors	2014 KHC 3741	Mentioned Only	Referenced in Exhibit P11 as a short note regarding Ram Gulam; not central to the rationale or outcome in this case.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** ## **FRIDAY, THE 2[ND] DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944** ## **WP(C) NO. 13256 OF 2022** ## **PETITIONER:** K.A.HASSAN, AGED 56 YEARS (METER INSPECTOR, KERALA WATER AUTHORITY, PH SECTION, KODUNGALLUR, THRISSUR, RETIRED ON 30/11/2021), RESIDING AT KAYAMKULAM HOUSE, KARUPADANNA P.O., THRISSUR DISTRICT-680670. BY ADV K.P.RAJEEVAN ## **RESPONDENTS:** 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, WATER RESOURCES (WATER SUPPLY-C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM695001. 2 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM-695033. 3 FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695033. 4 ACCOUNTS OFFICER (PENSION & PAY SLIP), KERALA WATER AUTHORITY, THIRUVANANTHAPURAM-695033. 5 THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, THRISSUR DISTRICT680001. 6 THE EXECUTIVE ENGINEER, PH DIVISION, IRINJALAKUDA, THRISSUR DISTRICT-680121. 7 ASSISTANT EXECUTIVE ENGINEER, PH SUB DIVISION, MALA, THRISSUR DISTRICT-680732. 8 THE ASSISTANT ENGINEER, PH DIVISION, KODUNGALLUR, THRISSUR DISTRICT-680664. BY SRI.P.M.JOHNY-SC BY SRI.V.K.SUNIL, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.13256 OF 2022 2 ## **JUDGMENT** ## **Dated this the 2[nd] day of December, 2022** ## This writ petition is filed seeking the following ## reliefs: _“i) Call for the records leading to this case and issue a writ of certiorari to quash Exhibits P6 and P7._ _ii) Issue a writ of mandamus directing the respondents to sanction and disburse the amounts of Monthly Pension with arrears, DCRG and Commuted Value of Pension, leave surrender, interest on the amount of provident fund up to the date of payment and all other benefits to the petitioner with interest immediately.”_ 2. Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for the Kerala Water Authority. 3. It is submitted by the learned counsel for the petitioner that the petitioner retired from W.P.(C)No.13256 OF 2022 3 service as Meter Inspector from the Kerala Water Authority on 30.11.2021. His retirement benefits including PF closure amounts and gratuity were not released to him. It is submitted that when the petitioner approached the respondents seeking release of the amounts, he was issued with Exhibit P6 notice and later Exhibit P7 commutation stating that there was an error in the grant of time bound higher grade and fixation of pay, done in the pay revision of the year 1992 onwards and that there is accordingly a huge liability cast on the petitioner, which has to be made good by him. It is submitted that though gratuity amount of Rs.11,69,940/- was admitted, no amount was paid on the ground that there is overdrawal of salary by the petitioner which is liable to be made good by him. 4. A counter affidavit has been placed on record by respondents 2 to 8, wherein it is admitted W.P.(C)No.13256 OF 2022 4 that the petitioner retired from service on 30.11.2021. However it is stated that he was selected through Employment Exchange and appointed as Pump Operator on 20.07.1987 and later regularized in service on 29.12.2005. It is submitted that he was entitled to count the past service only from 19.09.1991 and his past service was erroneously counted from 20.07.1987. It is submitted that 1[st] , 2[nd] , 3[rd ] and 4[th ] time bound higher grades was erroneously sanctioned by counting his service from 20.07.1987 instead of 19.09.1991 and that the said amounts which are erroneously drawn by the petitioner in excess are liable to be calculated and refunded by the petitioner. It is stated that the liability on account of wrong fixation was assessed as Rs.16,29,999/- and since the DCRG was less than the said amount, nothing was paid. It is further stated in paragraph No.10 that W.P.(C)No.13256 OF 2022 5 the GPF closure application of the petitioner was received in the Section on 06.02.2021 and authorization for payment of Rs.9,30,484/- had been issued on 15.02.2021. It is submitted that due to revenue fund shortage with the Kerala Water Authority, the closure amount was payable to the petitioner only on 08.12.2021. It is further submitted that no further amounts are due to be payable to the petitioner. 5. A reply affidavit has also been placed on record by the petitioner. 6. Having considered the contentions advanced, I notice that the petitioner retired from service on 30.11.2021 as a Meter Inspector. It is clear from the pleadings on record that the petitioner had not been informed of any error in the fixation of his pay or the grade promotions granted to him before the issuance of Exhibit P6 notice. The W.P.(C)No.13256 OF 2022 6 endorsements to Exhibit P6 would show that the same was issued only in the month of December 2021 and Exhibit P7 pension payment order was issued only on 22.02.2022. Therefore, it is clear that till the date of retirement of the petitioner, there was no proceedings issued to him, informing him of any error in the fixation of his pay or informing him that he has drawn any amounts in excess. Even if such a notice had been issued, it is clear that the error in fixation, dates back to the pay fixation done in respect of the pay revision of the year 1992 and that it was only long thereafter, at the time of verification of the petitioner's pension papers that the error was first noticed and thereafter intimated to the petitioner after his retirement. 7. In the above factual situation, I am of the opinion that the specific directions and guidelines W.P.(C)No.13256 OF 2022 7 issued by the Apex Court in its decision in **State Of Punjab & Ors vs Rafiq Masih (White Washer)** [2015 (1) KLT 429 (SC)] squarely applies to the instant case. I am of the clear opinion that no liability can be inflicted against the petitioner on account of a wrong fixation which has occurred several years ago and where no notice has been served, during the currency of the petitioner's service. In the above view of the matter, Exhibit P6 as well as the fixation of liability in Exhibit P7 is set aside. There will be a direction to the respondents to release the retirement benefits due to the petitioner, including DCRG within a period of six months from the date of receipt of a copy of this judgment and taking note of the seniority in the matter of retirement in the list maintained by the Kerala Water Authority. The earned leave surrender W.P.(C)No.13256 OF 2022 8 amounts as well as the interest due on provident fund for the period from 15.02.2021 to 08.12.2021 shall be calculated and disbursed to the petitioner within a period of two months from the date of receipt of a copy of this judgment. **Sd/ANU SIVARAMAN JUDGE** SSK/02/12 W.P.(C)No.13256 OF 2022 9 ## **APPENDIX** ## PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF PAGE NUMBERS 1 AND 6 TO 8 OF THE SERVICE BOOK OF THE PETITIONER. Exhibit P2 A TRUE COPY OF THE ORDER NO. KWA/JB/E54168/96/VOL.III DATED 03/05/2006 ISSUED BY THE SENIOR SUPERINTENDENT. Exhibit P3 A TRUE COPY OF ORDER NO. KWA/WSDN/CHN/A1-4500/07 VOL.II DATED 18/03/2014 ISSUED BY THE EXECUTIVE ENGINEER, W.S. DIVISION, KOCHI-18. Exhibit P4 A TRUE COPY OF ORDER NO. KWA/WSDN/CHN/A3-4500/07 VOL.II DATED 02/12/2014 ISSUED BY THE EXECUTIVE ENGINEER, W.S. DIVISION, KOCHI-18. Exhibit P5 A TRUE COPY OF COVERING PAGE, PAGE NUMBERS 1 TO 15, 29, 31, 33, 35 TO 37, 39, 43, 45 AND 47 OF THE PENSION BOOK OF THE PETITIONER WHICH WAS FORWARDED TO THE 4TH RESPONDENT BY THE 5TH RESPONDENT. Exhibit P6 A TRUE COPY OF LETTER NO. KWA/AO (PAY SLIP & PENSION)/10718/9720/992 DATED 17/11/2021 SENT BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT. Exhibit P7 A TRUE COPY OF LETTER NO./ KWA/AO(PEN)/PEN:10718/COM (NON MEDICAL)/9720/377 DATED 22/02/2022 SENT BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT. Exhibit P8 TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(P) NO.10/2021/WRD DATED 31/03/2021. Exhibit P9 TRUE COPY OF LETTER OF ENDORSEMENT NO.12798/E1/2021/KWA DATED 06/05/2022 ISSUED BY NISHA.B.V., SENIOR ADMINISTRATIVE OFFICER, KERALA WATER AUTHORITY WITH GOVERNMENT LETTER NO.WS-B37/2022-WRD DATED 12/04/2022 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO THE MANAGING DIRECTOR OF KERALA WATER AUTHORITY. Exhibit P10 TRUE COPY OF INTERIM ORDER DATED 27/10/2022 IN WPC.NO.12173/2022. Exhibit P11 TRUE COPY OF SHORT NOTE IN 2014 KHC 3741 WITH REGARD TO THE DECISION OF THE HON'BLE SUPREME COURT OF INDIA IN RAM GULAM VS. STATE OF BIHAR & OTHERS. SSK //TRUE COPY// PA TO JUDGE