High Court of KeralaSingle Judge2023-01-13Writ petitions disposed with directions to KSRT...

R. Unnikrishnan; Balan M A; S. Roy; Vimalakumar T; P. Maheshwari Amma v KSRTC

Case / Petition Number:WP(C) Nos. 40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2023-01-13
Court Decision / Holding: The court disposed of the petitions by directing KSRTC’s competent authority to hear the petitioners and determine refunds strictly in light of the precedents set by Rafiq Masih and Jagdev Singh, within two months from receipt of a copy of the judgment. If refunds are found due, necessary action must be completed within four months thereafter. The court also noted that the KSRTC could be required to refund only after the formal testing of facts against the two precedents, and it rejected an affirmative grant of relief in this judgment pending such testing.
Final Disposition: Writ petitions disposed with directions to KSRTC to hear the petitioners and decide refunds, in light of Rafiq Masih and Jagdev Singh, within two months; refunds to be completed within four months if found due; further action to be taken as per the outcome of the testing.

Parties to the Case

Appellants / Petitioners

R. Unnikrishnan
Balan M A
S. Roy
Vimalakumar T
P. Maheshwari Amma

Respondents

The Kerala State Road Transport Corporation (KSRTC) represented by its Managing Director; The Managing Director, KSRTC; The Executive Director (Administration), KSRTC; The Deputy Chief Accounts Officer (Pay Revision Cell); The Deputy Chief Accounts Officer (Pension & Audit); The Administrative Officer (Budget Section); District Officer for Kollam District; The Assistant Transport Officer, Chathannur Depot

Legal Representation & Advocates

Counsels for Petitioners

• K. P. Justine (Karipat)
• A. Joseph George (Azhikkath)

Counsels for Respondents

• Deepu Thankan, SC

Case Synopsis & Summary

These consolidated writ petitions before the Kerala High Court challenge the Kerala State Road Transport Corporation's (KSRTC) recovery of gratuity amounts after retirement, argued to have been wrongly deducted on the basis of erroneous options in the benefits extended during service. The petitioners—drivers and a peon who retired between 2016 and 2019—contend that such recoveries are unlawful unless triggered by fraud or misrepresentation or an explicit undertaking to repay from pensionary benefits, as clarified by the Supreme Court in State of Punjab v. Rafiq Masih (White Washer) and reinforced in High Court of Punjab & Haryana v. Jagdev Singh. They also point to KSRTC’s own proceedings (WP(C) 31452/2018) and a post-judgment order dated 30.11.2022 as indicating that recoveries must be tested against these precedents. KSRTC counters that the recoveries were made within the legal framework because the benefits had been granted on the basis of wrong options, not due to fraud; undertakings to repay, where applicable, are cited as barriers to refunds. The Court, while acknowledging recoveries made in 2018, notes that the decisive tests from the cited precedents have not been fully addressed by KSRTC, and therefore cannot grant relief without considering those doctrines. It directs KSRTC to hear the petitioners and determine refunds if warranted, strictly in light of Rafiq Masih and Jagdev Singh, with timelines for action, and with consequential orders within the four-month window if refunds are due.

Provisions of Law Cited

Kerala Service Rules (KSR)

Legal Doctrines & Maxims

Rafiq Masih (White Washer) doctrine; Jagdev Singh doctrine

Submissions & Arguments

Contentions of Appellants / Petitioners

Counsel for the petitioners submits that KSRTC’s recovery from gratuity is not permissible under established law. They rely on State of Punjab v. Rafiq Masih (White Washer) and Jagdev Singh, asserting that recovery from pensionary benefits is permitted only in cases of fraud or misrepresentation or where an undertaking to repay from pension funds has been given. They contend there was no such undertaking or fraud, and the recoveries were based on incorrect options. They urge refund of the recovered amounts and emphasize that the declarations in Rafiq Masih and Jagdev Singh should guide the refund process. They also reference KSRTC’s own WP(C) No. 31452/2018 and the order dated 30.11.2022 to support their position. They request expeditious hearing and refund within reasonable time.

Contentions of Respondents

KSRTC’s counsel argues that recoveries were lawful since benefits were granted on the basis of wrong options, not due to fraud. They contend that Rafiq Masih cannot be applied to these facts as the recovered payments were illegal payments, not incorrect ones. They maintain that petitioners had given undertakings at the time of payment and that Jagdev Singh would apply to these cases. They request dismissal of the petitions, arguing there is no legal impediment to recoveries and that undertakings and the KSR empower the corporation to recover such sums.

Cited Precedents (4)

Case Name	Citation	Treatment	Explanation
State of Punjab v. Rafiq Masih (White Washer)	(2015) 4 SCC 334	Positive	The court relies on the Rafiq Masih doctrine that refunds or recoveries from pensionary benefits require fraud/misrepresentation or an undertaking to repay; this standard informs the directions to KSRTC.
High Court of Punjab & Haryana v. Jagdev Singh	(2016) 14 SCC 267	Positive	The judgment cites Jagdev Singh as reinforcing the undertaking-based/test-based limitations on recovery from pensionary benefits.
WP(C) No. 31452/2018	WP(C) No. 31452/2018	Mentioned Only	Referenced as a related prior proceeding; its ratio is not exhaustively discussed in this judgment.
WA 869/2022	WA 869/2022	Mentioned Only	Cited in exhibits; not a binding ratio in the current decision.

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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 MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 13[TH] DAY OF JANUARY 2023 / 23RD POUSHA, 1944** ## **WP(C) NO. 40882 OF 2022** ## **PETITIONER:** **R. UNNIKRISHNAN, GURUKULAM VARIL, KALAKKODE P.O., BHOOTHAKULAM, PARAVOOR, KOLLAM – 691 302, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.03.2019 FROM CHATHANNUR DEPOT).** **BY ADVS.K.P.JUSTINE (KARIPAT) A.JOSEPH GEORGE (AZHIKKAKATH)** ## **RESPONDENTS:** - **1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.** - **2 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.** - **4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.** - **5 THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION & AUDIT), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **6 THE ADMINISTRATIVE OFFICER (BUDGET SECTION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **7 DISTRICT OFFICER FOR KOLLAM DISTRICT, KSRTC KOTTARAKKAKA DEPOT, KOTTARAKKARA.** ## **WP(C)Nos.40882/2022, 40946/2022,** **40968/2022, 40972/2022, 41002/2022** ## **-2-** **8 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT - 691 572, KOLLAM DISTRICT.** **BY ADV.SRI.DEEPU THANKAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, ALONG WITH WP(C).40946/2022, 40968/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** **-3-** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 13[TH] DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 40946 OF 2022** ## **PETITIONER:** **BALAN M A, AGED 59 YEARS,** **S/O. M.N.APPU, 'JANAKI', KULATHOOKUNAM, PUTHAN KULAM P.O., PARIPALLY, PIN: 691 302, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.05.2019 FROM CHATHANNUR DEPOT).** **BY ADVS.A.JOSEPH GEORGE (AZHIKKAKATH) K.P.JUSTINE (KARIPAT)** ## **RESPONDENTS:** - **1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **2 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - 4 **THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL),** **WP(C)Nos.40882/2022, 40946/2022,** **40968/2022, 40972/2022, 41002/2022** **-4-** **KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **5 THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION & AUDIT),** - **KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **6 THE ADMINISTRATIVE OFFICER (BUDGET SECTION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **7 DISTRICT OFFICER FOR KOLLAM DISTRICT, KSRTC KOTTARAKKARA DEPOT, KOTTARAKKARA.** - **8 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT-691 572, KOLLAM DISTRICT.** ## **BY ADV.SRI.DEEPU THANKAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, ALONG WITH WP(C).40882/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** **-5-** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 13[TH] DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 40968 OF 2022** ## **PETITIONER:** **S.ROY, AGED 59 YEARS, S/O. SAMUEL ROY, RESIDING AT PLAVILA ROBIN HOUSE, POOYAPPALLY P O., MARUTHANPALLY, KOTTARAKKARA, KOLLAM-691 537, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.05.2019 FROM CHATHANNUR DEPOT).** **BY ADVS.K.P.JUSTINE (KARIPAT) A.JOSEPH GEORGE (AZHIKKAKATH)** ## **RESPONDENTS:** - **1 THE KERALA STATE ROAD TRANSPORT CORPORATION , REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **2 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.** - **3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL),** **WP(C)Nos.40882/2022, 40946/2022,** **40968/2022, 40972/2022, 41002/2022** **-6-** **KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **5 THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION & AUDIT),** - **KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **6 THE ADMINISTRATIVE OFFICER (BUDGET SECTION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **7 DISTRICT OFFICER FOR KOLLAM DISTRICT, KSRTC KOTTARAKKAKA DEPOT, KOTTARAKKARA.** - **8 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT - 691 572, KOLLAM DISTRICT.** ## **BY ADV.SRI.DEEPU THANKAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, ALONG WITH WP(C).40882/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** **-7-** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 13[TH] DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 40972 OF 2022** ## **PETITIONER:** **VIMALAKUMAR T, AGED 63 YEARS, S/O. THANKAPPAN PILLAI, K.K.SADANAM, KUTHIYIL, PUNUKKONNOOR, ALUMMOODU P.O., KOLLAM-691 577, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.05.2016 FROM CHATHANNUR DEPOT).** **BY ADVS.K.P.JUSTINE (KARIPAT) A.JOSEPH GEORGE (AZHIKKAKATH)** ## **RESPONDENTS:** - **1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.** - **2 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.** - **4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.** **WP(C)Nos.40882/2022, 40946/2022,** **40968/2022, 40972/2022, 41002/2022** **-8-** - **5 THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION & AUDIT), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **6 THE ADMINISTRATIVE OFFICER (BUDGET SECTION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **7 DISTRICT OFFICER FOR KOLLAM DISTRICT, KSRTC KOTTARAKKAKA DEPOT, KOTTARAKKARA.** - **8 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT - 691 572, KOLLAM DISTRICT.** ## **BY ADV.SRI.DEEPU THANKAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, ALONG WITH WP(C).40882/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** **-9-** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **FRIDAY, THE 13[TH] DAY OF JANUARY 2023 / 23RD POUSHA, 1944 WP(C) NO. 41002 OF 2022** ## **PETITIONER:** **P. MAHESWARI AMMA, D/O. RAMAKRISHNA PILLAI, VILAYIL KOTTAKKAKAM, KALLUMTHAZHAM P O, KILIKOLLUR, KOLLAM DISTRICT - 691 004, (PEON, KERALA STATE ROAD TRANSPORT CORPORATION, RETIRED ON 31.05.2017 FROM CHATHANNUR DEPOT).** **BY ADVS.K.P.JUSTINE (KARIPAT) A.JOSEPH GEORGE (AZHIKKAKATH)** ## **RESPONDENTS:** - **1 THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM -695 023.** - **2 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **3 THE EXECUTIVE DIRECTOR (ADMINISTRATION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **4 THE DEPUTY CHIEF ACCOUNTS OFFICER (PAY REVISION CELL), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** **WP(C)Nos.40882/2022, 40946/2022,** **40968/2022, 40972/2022, 41002/2022** ## **-10-** - **5 THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION & AUDIT), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM-695 023.** - **6 THE ADMINISTRATIVE OFFICER (BUDGET SECTION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.** - **7 DISTRICT OFFICER FOR KOLLAM DISTRICT, KSRTC KOTTARAKKAKA DEPOT, KOTTARAKKARA. 691506.** - **8 THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHATHANNUR DEPOT - 691 572, KOLLAM DISTRICT.** ## **BY ADV.SRI.DEEPU THANKAN, SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2023, ALONG WITH WP(C).40882/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** ## **-11-** ## **JUDGMENT** **[WP(C) Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022]** The issues impelled in these cases are common and therefore, are being disposed of together through this judgment. 2. The petitioners say that they were employees of the Kerala State Road Transport Corporation (KSRTC); and that certain amounts were illegally recovered from their gratuity, after they retired, on the allegation that they were incorrectly given benefits, while they were in service, on the strength of wrong options. 3. The petitioners assert that the afore allegation is factually wrong; and that, in any event, no such recovery could have been made by the KSRTC, going by the affirmative declarations of the Hon'ble Supreme Court in _**State of Punjab**_ **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** **-12-** _**v. Rafiq Masih (White Washer)** [(2015) 4 SCC_ _334]._ 4. Sri.Justine K.P. - learned counsel for the petitioners, submitted that law has now been well settled through _**Rafiq Masih** (supra),_ that recovery is possible from an employee - particularly a low paid one, after retirement - only if it could be established that the amounts in question were paid on account of any fraud or misrepresentation committed by him/her, or if he/she had given an undertaking that the same can be recovered from his/her pensionary benefits in future. He submitted that this has also been reinforced by the Hon'ble Supreme Court in the subsequent judgment in _**High Court of Punjab & Haryana v. Jagdev Singh**_ [ _(2016) 14 SCC 267]._ 5. Sri.K.P.Justine pointed out that, in fact, in an analogous circumstance, this Court ## **WP(C)Nos.40882/2022, 40946/2022,** **40968/2022, 40972/2022, 41002/2022** **-13-** has passed a judgment in W.P.(C)No.31452/2018, which has been acceded to by the KSRTC through their proceedings No.PA.1/027743/18, dated 30.11.2022. He thus prayed that KSRTC be directed to refund the amounts recovered from his clients, within a time frame to be fixed by this Court. 6. Sri.Deepu Thankan – learned Standing Counsel for the KSRTC, submitted that recovery made from the petitioners were completely within the legal framework, particularly because it is without doubt that the benefits in question were offered to them on the basis of wrong options. He added that _**Rafiq Masih** (supra)_ could not apply to the facts of these cases because what has been recovered is an illegal payment and not an incorrect payment, and therefore, that petitioners cannot assail it. He added that undertakings were given by the petitioners at **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** **-14-** the time when they were given the benefits in question; and therefore, that the declarations in _**Jagdev Singh** (supra)_ would apply against them in its full force. 7. Sri.Deepu Thankan concluded his submissions saying that, in any event, the KSRTC has the power to act as per the provisions of the Kerala Service Rules (KSR) and that this has not been interdicted either in _**Rafiq Masih** (supra)_ or in _**Jagdev Singh** (supra)._ He thus prayed that these writ petitions be dismissed. 8. When I evaluate and consider the afore submissions, it is clear that KSRTC has made some recovery on the allegation that the benefits given to the petitioners earlier were in error; and therefore, they are not liable to hold on it. However, the declarations in _**Rafiq**_ _**Masih** (supra)_ or _**Jagdev Singh** (supra)_ do not appear to have been considered by the KSRTC at **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** **-15-** all in any manner, especially whether petitioners had given any undertaking to repay the amounts at the time when the same were made. 9. The dictum in _**Jagdev Singh** (supra)_ is singularly also vital in these cases, because it is only if there had been any undertaking issued by the petitioners could a recovery have been normally possible. However, since the KSRTC has not yet been responded to the factual allegations through a counter affidavit in these cases, I am of the certain view that it will not be justified for this Court to decide the disputes affirmatively in this judgment. 10. Suffice to say, the recovery now made - though of the year 2018 - will have to be tested from the touchstone of the declarations in the afore two precedents of the Hon'ble Supreme Court; and am sure that this should be done by the KSRTC after hearing the petitioners, within **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** ## **-16-** a short time. In the afore circumstances, I order these writ petitions with the following directions: (a) The competent Authority of the KSRTC will hear the petitioners and decide as to their claims for refund of the amounts in question, strictly keeping in mind the declarations in _**Rafiq Masih** (supra)_ and _**Jagdev Singh** (supra);_ thus culminating in appropriate orders and necessary action thereon _,_ as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment _._ (b) While completing the afore exercise, the competent Authority of the KSRTC will also keep in mind the aforementioned judgment of this Court in **WP(C)Nos.40882/2022, 40946/2022,** **40968/2022, 40972/2022, 41002/2022** **==> picture [30 x 9] intentionally omitted <==** W.P.(C)No.31452/2022, as also its consequent order dated 30.11.2022. (c) If, through the afore exercise, any amounts are found liable to be returned to the petitioners, then necessary action to do so will be completed within a period of four months thereafter. **Sd/DEVAN RAMACHANDRAN JUDGE** akv **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** **-18-** ## **APPENDIX OF WP(C) 40882/2022** ## **PETITIONER EXHIBITS** EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.IAI/PA13/019302/19 DATED 22.06.2019. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 04.01.2020. EXHIBIT P4 TRUE COPY OF THE MEMORANDUM NO. PRC039994/12 DATED 04.12.2012. EXHIBIT P5 JUDGMENT IN WA 869/2022 DATED 21/07/2022 OF THIS HON'BLE COURT. EXHIBIT P6 JUDGMENT IN 2015 (4) SCC 334 DATED 18/12/2014 OF THE HON'BLE APEX COURT. ## **RESPONDENT'S/S EXHIBITS : NIL.** **//TRUE COPY// P.A. TO JUDGE** **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** ## **-19-** ## **APPENDIX OF WP(C) 40946/2022** ## **PETITIONER EXHIBITS** - EXHIBIT P1 - TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. - EXHIBIT P2 TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.IAI/PA13/024781/2019 DATED 16.07.2019. - EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 04.01.2020. - EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES 3 AND 5 OF THE OPTION REGISTER KEPT AT THE OFFICE OF THE 7TH RESPONDENT. - EXHIBIT P5 TRUE COPY OF THE MEMORANDUM NO. PRC039994/12 DATED 04.12.2012. - EXHIBIT P6 JUDGMENT IN WA 869/2022 DATED 21/07/2022 OF THIS HON'BLE COURT - EXHIBIT P7 JUDGMENT IN 2015 (4) SCC 334 DATED 18/12/2014 OF THE HON'BLE APEX COURT. **RESPONDENT'S/S EXHIBITS : NIL.** **//TRUE COPY//** **P.A. TO JUDGE** **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** ## **-20-** ## **APPENDIX OF WP(C) 40968/2022** ## **PETITIONER EXHIBITS** - EXHIBIT P1 - TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. - EXHIBIT P2 TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.IAI/PA13/038069/2019 DATED 28.12.2019. - EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 04.01.2020. - EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES 3,5,8 OF THE OPTION REGISTER KEPT AT THE OFFICE OF THE 7TH RESPONDENT. - EXHIBIT P5 TRUE COPY OF THE MEMORANDUM NO. PRC039994/12 DATED 04.12.2012. - EXHIBIT P6 JUDGMENT IN WA 869/2022 DATED 21/07/2022 OF THIS HON'BLE COURT. - EXHIBIT P7 JUDGMENT IN 2015 (4) SCC 334 DATED 18/12/2014 OF THE HON'BLE APEX COURT. ## **RESPONDENT'S/S EXHIBITS : NIL.** **//TRUE COPY//** **P.A. TO JUDGE** **WP(C)Nos.40882/2022, 40946/2022, 40968/2022, 40972/2022, 41002/2022** ## **-21-** ## **APPENDIX OF WP(C) 40972/2022** ## **PETITIONER EXHIBITS** - EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. - EXHIBIT P2 TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.IAI/ PA11/022409/16 DATED 26.04.2018. - EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 04.01.2020. - EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES 3, 5, 9 OF THE OPTION REGISTER KEPT AT THE OFFICE OF THE 7TH RESPONDENT. - EXHIBIT P5 TRUE COPY OF THE MEMORANDUM NO. PRC039994/12 DATED 04.12.2012. - EXHIBIT P6 JUDGMENT IN WA 869/2022 DATED 21/07/2022 OF THIS HON'BLE COURT. - EXHIBIT P7 JUDGMENT IN 2015 (4) SCC 334 DATED 18/12/2014 OF THE HON'BLE APEX COURT. ## **RESPONDENT'S/S EXHIBITS : NIL.** **//TRUE COPY//** **P.A. TO JUDGE** **WP(C)Nos.40882/2022, 40946/2022,** **40968/2022, 40972/2022, 41002/2022** ## **-22-** ## **APPENDIX OF WP(C) 41002/2022** ## **PETITIONER EXHIBITS** - EXHIBIT P1 TRUE COPY OF THE PENSION PASS ISSUED TO THE PETITIONER. - EXHIBIT P2 TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.IAI/PA13/(11)002175/17 DATED 27.10.2018. - EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 04.01.2020. - EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES 3, 5, 12 OF THE OPTION REGISTER KEPT AT THE OFFICE OF THE 7TH RESPONDENT. - EXHIBIT P5 TRUE COPY OF THE MEMORANDUM NO. PRC039994/12 DATED 04.12.2012. - EXHIBIT P6 JUDGMENT IN WA 869/2022 DATED 21/07/2022 OF THIS HON'BLE COURT. - EXHIBIT P7 JUDGMENT IN 2015 (4) SCC 334 DATED 18/12/2014 OF THE HON'BLE APEX COURT. ## **RESPONDENT'S/S EXHIBITS : NIL.** ## **//TRUE COPY//** **P.A. TO JUDGE**