M.A. Vijaya v. State of Kerala and Kerala Water Authority

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** ## **MONDAY, THE 7TH DAY OF NOVEMBER 2016/16TH KARTHIKA, 1938** ## **WP(C).No. 26675 of 2011 (H)** ## **-------------------------------------------** ## **PETITIONER(S):** **----------------------------** **M.A.VIJAYA, AGED 56 YEARS, W/O.P.V.RAGHAVAN PILLAI, MANJAPPILLY AMBATTU HOUSE, "SRUTHI", P.O.KUZHOOR, THRISSUR DISTRICT, (EX.DRAFTSMAN GRADE I, P.H.SUB DIVISION, KERALA WATER AUTHORITY, ALUVA).** ## **BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR** ## **RESPONDENT(S):** **--------------------------** **1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, WATER RESOURCES (WSC) DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001.** **2. THE KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN-695001.** **R1 BY ADV. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN R2 BY ADV. SMT.S.AMBIKA DEVI R2 BY ADV. SRI.MILLU DANDAPANI, SC, KERALA WATER AUTHORITY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **AD** **WP(C).No. 26675 of 2011 (H)** ## **-------------------------------------------** ## **APPENDIX** **PETITIONER(S) EXHIBITS** **---------------------------------------** **EXHIBIT P1: THE TRUE COPY OF THE NOTIFICATION NO.50329/F2/84/LAD DATED 27-12-1985.** **EXHIBIT P2: THE TRUE COPY OF THE LATEST REPRESENTATION DATED 6-11-2010.** **EXHIBIT P3: THE TRUE COPY OF THE LETTER NO.KWA/HO/E11-64110/05 DATED 29-4-2008.** **EXHIBIT P4: THE TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.12771/1902 DATED 5/2011.** **RESPONDENTS' EXHIBITS** **----------------------------------------** ## **NIL** ## **//TRUE COPY//** **P.A TO JUDGE** ## **AD** ## **ANU SIVARAMAN, J.** ## **= = = = = = = = = = = = = = =** ## **W.P.(C).No.26675 of 2011** **= = = = = = = = = = = = = = = Dated this the 7[th] day of November, 2016** ## **JUDGMENT** 1.This writ petition is filed seeking to quash Exhibit P4 to the extent an amount of Rs.1,23,479/- is sought to be recovered from the petitioner as unsettled portion of the medical advance. The petitioner had sought release of amounts as medical advance for Coronory Bypass Surgery of her husband. By an order dated 25.02.2006, an amount of Rs.1,30,000/- was sanctioned by the 2[nd] respondent as medical advance for the conduct of bypass surgery on the petitioner's husband. It is submitted that surgery was conducted on 24.02.2006 and an amount of Rs.1,30,000/- was disbursed to the petitioner on 06.03.2006. Thereafter, the unutilised amount of Rs.6,521/was refunded by the petitioner on 27.06.2006. The petitioner had also raised the bills for the amount of Rs.1,23,479/- which was utilised for the bypass surgery and had sought special orders sanctioning the same. No orders were passed on the reimbursement claim. The petitioner retired from service on 31.03.2011. While settling her retirement claims, the 2[nd] W.P.(C).No.26675/11 2 respondent has issued Exhibit P4 Gratuity Payment Order showing the gratuity of the petitioner at Rs.2,85,579/- and recovering an amount of Rs.1,23,479/- as unsettled portion of medical advance from such DCRG. This is under challenge in this writ petition. - 2.Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the 1[st] respondent and the learned standing counsel appearing for the 2[nd] respondent. - 3.It is contended by the learned counsel for the petitioner that the recovery of the entire amount of utilised medical advance from the DCRG after more than five years of it being availed without any quantification whatsoever is illegal and unwarranted. - 4.The learned standing counsel appearing for the 2[nd] respondent would, on the other hand, submit that the amount of Rs.1,30,000/- sanctioned as medical advance was subject to following conditions:- W.P.(C).No.26675/11 3 - i. the amount was to be utilised within three months or else it should be refunded in full immediately on expiry of three months. - ii. The amount shall be adjusted against the final claim within six months and balance amount remaining unadjusted shall be recovered from the salary at the rate of Rs.500/- per month. - iii. The sanction of the medical claim shall be subject to the rules applicable to the KWA. - iv.An undertaking was also to be obtained to the above effect before disposing the advance sanctioned. - v. Unadjusted balance if any was to be recoveredfrom the DCRG of the incumbent. 5.It is therefore contended that since the medical claim raised by the petitioner had not been finally settled, the entire amount is liable to be withheld from his DCRG. The learned Government Pleader has also placed on record a counter affidavit contending that since the amounts had been released only as an interest free loan the entire amount is liable to be recovered from the petitioner's DCRG. - 6.I have considered the contentions advanced on either side. It is an admitted fact that the amount of Rs.1,30,000/- was W.P.(C).No.26675/11 4 disbursed to the petitioner on the strength of the proceedings of the 2[nd] respondent dated 25.02.2006 as medical advance. It is specifically stated in the order sanctioning the said amount, a copy of which was made available by the learned standing counsel and the contents of which are not disputed by the petitioner, that the amount granted as medical advance was to be adjusted against the final claim within six months and the balance amount remaining unadjusted was to be recovered from the salary at the rate of Rs.500/- per month. The order further states that unadjusted balance, if any, shall be recovered from the DCRG of the petitioner. - 7.It is submitted that the petitioner had submitted the bills and raised a final claim in May, 2006 itself. This is not disputed by the respondents. The order sanctioning the advance states that the amount shall be adjusted against the final claim within six months and the remaining amount is to be recovered from the salary at the rate of Rs.500/- per month. It is clear from the pleadings in this case that the claim was neither settled nor were any amounts calculated as being remaining after W.P.(C).No.26675/11 5 adjustment of such final claim within the period stated in the order of sanction or at any time thereafter till the retirement of the petitioner. From the pleadings in this case it appears that the final claim raised by the petitioner is still pending consideration before respondents 1 and 2 since special orders are required. 8.In the above view of the matter, the recovery of the entire utilised amount sanctioned as per order dated 25.02.2006 from the DCRG of the petitioner cannot be countenanced. This is more so in view of the fact that the liabilities of the petitioner are to be quantified and intimated before such amounts can be recovered or withheld from the DCRG. Since the final medical claim raised by the petitioner is pending before the respondents, I deem it appropriate to direct the respondents to take up the claim raised by the petitioner and to pass orders thereon as a special case, expeditiously, at any rate within a period of two months from the date of receipt of a copy of this judgment. Further proceedings against the petitioner will be dependent on the orders to be passed on the final claim W.P.(C).No.26675/11 6 preferred by the petitioner. The orders, as directed above, shall be rendered after hearing the petitioner. Any amounts found due to the petitioner shall be released to him immediately. The petitioner is free to take up all available arguments against Exhibit P4 before the respondents and such contentions raised by the petitioner shall be considered by the respondents before orders are passed, as directed above. The writ petition is ordered accordingly. sd/- **Anu Sivaraman, Judge** sj7/11