High Court of KeralaSingle JudgeDisposed of with directions directing acceptanc...

WP(C) Nos. 18667/2020 and 18991/2020 — R. Sivan v. Kerala Water Authority; Thomas P.J. v. Kerala Water Authority

Case / Petition Number:WP(C) Nos. 18667/2020 and 18991/2020

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2023-03-03
Court Decision / Holding
The writ petitions are disposed of directing the Kerala Water Authority that if the petitioners remit the pro-rata pension contribution arrears relatable to their earlier Government service, the same shall be accepted by the Kerala Water Authority and the pension of the petitioners shall be revised and appropriate orders in this regard passed within two months from the date of payments. The rights of the petitioners and the issue of the liability of the Government for payment of pro-rata pension contributions are left open.
Final Disposition
Disposed of with directions directing acceptance of pro-rata arrears and pension revision subject to payment, with governmental liability left open.

Parties to the Case

Appellants / Petitioners

  • R. Sivan
  • Thomas P.J.

Respondents

  • The Managing Director, Kerala Water Authority
  • The Chief Engineer, Southern Region, Kerala Water Authority
  • The Superintending Engineer, P.H. Circle, Kerala Water Authority
  • The Executive Engineer, P.H. Division, Kerala Water Authority
  • The Accounts Officer (Pension Wing), Kerala Water Authority
  • The State of Kerala represented by the Principal Secretary, Water Resources (WS-C) Department
  • Addl. R7: The Secretary to Government Revenue Department, Government of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • K. Reghu Kottappuram
  • • Sri R. Mahesh (Kottappuram)
  • • Sri Murukesh Reghu

Counsels for Respondents

  • • K. G. Sarojini
  • • G. P. George Johny
  • • SC.

Case Synopsis & Summary

These are two writ petitions by retired employees of the Kerala Water Authority seeking pensionary benefits that should reflect their earlier Government service. The petitioners contend that their prior Government service was not considered while determining pension, and that pro-rata pension contributions paid to KWA by the petitioners (or by the Government) are required to grant revised pension. The petitioners state they are willing to pay the pro-rata arrears and seek a direction to the Government to bear liability for those arrears. The Kerala Water Authority argues that any revision of pension requires pro-rata contributions to be paid, for which the Government has not paid. Ext. P11 (dated 12.02.2020) indicates a path wherein if petitioners remit the pro-rata arrears, their earlier Government service can be considered for pension revision. The court notes a precedent, Jayakumar S. and others v. State of Kerala and others, suggesting the Government may not be compelled to pay such arrears, but does not decide that issue, leaving it open. The court disposes of the petitions by directing KWA to accept pro-rata arrears if paid and revise pensions within two months, while leaving open liability of the Government and other related questions. The rights of the petitioners and the Government’s liability remain unresolved beyond this disposal.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend they are entitled to have their earlier Government service reckoned for pensionary benefits and that pro-rata pension contributions should be paid to the Kerala Water Authority so that pensions can be revised accordingly. They are ready to remit the arrears and seek directions for the Government to bear liability for the pro-rata contributions, or at least for the revision to proceed upon payment of arrears by them. They rely on Ext. P11 indicating a mechanism for revision if contributions are remitted. They also urge that the court should ensure pensionary rights are secured under applicable rules and government accountability.

Contentions of Respondents

The Kerala Water Authority contends that pension revision requires antecedent pro-rata contributions to be paid; the Government has not paid these contributions. It argues that the liability for such arrears, and the ultimate responsibility for pension revisions, require consideration within the existing legal framework. The Authority relies on the position that payment of arrears might be necessary to enable revision but stops short of guaranteeing government payment. The State’s counsel references Jayakumar S. and others v. State of Kerala (2021 (5) KHC 157) to suggest the Government may not be compelled to pay such arrears, indicating a need to reserve such liability for future decision.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Jayakumar S. and others v. State of Kerala and others2021 (5) KHC 157Mentioned OnlyCited to indicate a principle that Government may not be compelled to pay arrears; the court expressly leaves the issue open and does not adopt a binding conclusion on liability.
W.P.(C) 27044/2010WP(C) 27044/2010Mentioned OnlyJudgment dated 3.8.2016 cited as Exhibit P8; not discussed in detail in the judgment's reasoning.
W.P.(C) 25639/2008WP(C) 25639/2008Mentioned OnlyJudgment dated 3.6.2009 cited as Exhibit P9; not analyzed in the decision.
W.P.(C) 32129/2014WP(C) 32129/2014Mentioned OnlyJudgment dated 12.12.2017 cited as Exhibit P10; not elaborated in the ruling.

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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 N.NAGARESH** **FRIDAY, THE 3[RD] DAY OF MARCH 2023 / 12TH PHALGUNA, 1944** ## **WP(C) NO. 18667 OF 2020** ## **PETITIONER:** **R.SIVAN AGED 58 YEARS S/O.RAGHAVAN NAIR, LEKSHMI BHAVAN, KUDAVECHOOR, VAIKOM, KOTTAYAM - 686 144.** **BY ADVS. K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM) SRI.MURUKESH REGHU** ## **RESPONDENTS:** - **1 THE MANAGING DIRECTOR KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695033.** - **2 THE CHIEF ENGINEER SOUTHERN REGION, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM – 695033.** - **3 THE SUPERINTENDING ENGINEER P.H.CIRCLE, KERALA WATER AUTHORITY, KOTTAYAM - 686 001.** - **4 THE EXECUTIVE ENGINEER P.H.DIVISION, KADUTHURUTHY KOTTAYAM - 686 604.** - **5 THE ACCOUNTS OFFICER (PENSION WING) KERALA WATER AUTHORITY, THIRUVANANTHAPURAM – 695033.** 2 **W.P.(C) No.18667 & 18991 of 2020** **6 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, WATER RESOURCES (WS-C) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM – 695001.** **7 ADDL.R7: THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001 IS IMPLEADED AS PER ORDER DATED 11-03-2022 IN IA 2/2022** **BY ADVS. K.G.SAROJINI GP. GEORGE JOHNY SC.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 ## **W.P.(C) No.18667 & 18991 of 2020** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 3[RD] DAY OF MARCH 2023 / 12TH PHALGUNA, 1944 WP(C) NO. 18991 OF 2020** ## **PETITIONER:** **THOMAS. P.J., AGED 59 YEARS S/O. JUSSA, PARACKAL HOUSE, GOUTHURUTHU P O, ERNAKULAM – 683516.** **BY ADVS. K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM) SRI.MURUKESH REGHU** ## **RESPONDENT/S:** - **1 THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM -695033.** - **2 THE SUPERINTENDING ENGINEER, P.H. DIVISION, KERALA WATER AUTHORITY, ERNAKULAM, 683513.** - **3 THE EXECUTIVE ENGINEER P.H.DIVISION, KERALA WATER AUTHORITY, ALUVA, ERNAKULAM- 683101.** - **4 THE ASSISTANT EXECUTIVE ENGINEER KERALA WATER AUTHORITY,** - **P.H. SUB DIVISION, VADAKKEKKARA, KARIAD P O, ERNAKULAM – 683513.** 4 **W.P.(C) No.18667 & 18991 of 2020** **5 THE ACCOUNTS OFFICER, (PENSION WING), KERALA WATER AUTHORITY, THIRUVANANTHAPURAM – 695033. 6 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, WATER RESOURCES(WS-C) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM – 695001. BY ADVS. SAROJINI K.G. G.P P.M.JOHNY SC.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 5 ## **W.P.(C) No.18667 & 18991 of 2020** ## **J U D G M E N T** Dated this the 3[rd] day of March, 2023 The petitioners in both of these writ petitions are persons retired from the Kerala Water Authority. Both of them had previous service in Government before joining the Kerala Water Authority. 2. The grievance projected by the petitioners is that their previous Government service has not been taken into consideration for fixing pensionary benefits. 3. Standing Counsel for the Kerala Water Authority submitted that for revising the pension of the petitioners, taking into consideration the previous Government service, their pro-rata pension contributions will have to be paid to the Kerala Water Authority. The Government has not paid pro-rata pension contributions in respect of the petitioners to the Kerala Water Authority. However, Ext.P11 decision has been taken up on 12.02.2020 that if the petitioners themselves are willing to pay the 6 **W.P.(C) No.18667 & 18991 of 2020** pro-rata pension contributions, the earlier Government service of both the petitioners can be considered and their pensions can be revised accordingly, in accordance with law. The counsel for the petitioners submits that the petitioners are entitled and the Government is compellable to pay the pro-rata pension contribution to the Kerala Water Authority. 4. However, taking into consideration the present circumstances, the petitioners are ready to pay the pro-rata pension contribution arrears to the Kerala Water Authoroity, leaving open the question of liability of the Government to pay the said amount. The Standing Counsel for the Kerala Water Authority submitted that in view of the judgment of this Court in **Jayakumar S and others v. State of Kerala and others** [2021 (5) KHC 157], the Government may not be compellable to pay such arrears. I do not think the said issue needs a final adjudication now. 5. As the petitioners have come forward to pay the pro-rata pension contribution amount to the Kerala Water Authority, the writ petition can be disposed of giving appropriate 7 **W.P.(C) No.18667 & 18991 of 2020** directions, leaving open other issues. The writ petitions are therefore disposed of directing the Kerala Water Authority that if the petitioners remit the pro-rata pension contribution arrears relatable to their earlier Government service, the same shall be accepted by the Kerala Water Authority and the pension of the petitioners shall be revised and appropriate orders in this regard shall be passed within a further period of two months from the date of payments. The rights of the petitioners and the issue of the liability of the Government for payment of pro-rata pension contributions are left open. Sd/- **N. NAGARESH JUDGE** ams 8 ## **W.P.(C) No.18667 & 18991 of 2020** ## **APPENDIX OF WP(C) 18667/2020** ## **PETITIONER'S EXHIBITS** - **EXHIBIT P1 A PHOTO COPY OF REPRESENTATION DATED 5/7/2007. EXHIBIT P2 A PHOTOCOPY OF LETTER NO.E1-7244/81 VOL.II DATED 22/9/2007.** - **EXHIBIT P3 A PHOTOCOPY OF REPRESENTATION DATED NIL.** - **EXHIBIT P4 A PHOTO COPY OF LETTER NO.AB 13045/86 DATED 2/11/2007.** - **EXHIBIT P5 A PHOTOCOPY OF ORDER VIDE G.O.(P) NO.517/09/FIN. DATED 19/11/2009.** - **EXHIBIT P6 A PHOTOCOPY OF ORDER VIDE G.O.(P) NO.413/2014/FIN. DATED 24/9/2014.** - **EXHIBIT P7 A PHOTO COPY OF LETTER NO.KWA/AO/PEN. 10179/325 DATED 6/2/2020.** - **EXHIBIT P8 A PHOTO COPY OF JUDGEMENT DATED 3/8/2016 IN W.P.(C) 27044/2010.** - **EXHIBIT P9 A PHOTOCOPY OF ANOTHER JUDGMENT DATED 3/6/2009 IN W.P.(C) NO.25639/2008.** - **EXHIBIT P10 A PHOTO COPY OF ANOTHER JUDGMENT DATED 12/12/2017 IN W.P.() 32129/2014.** - **Exhibit P11 A PHOTOCOPY OF ORDER NO.K.W.A/JB/HO/E1/114681/2016 DATED 12/2/2020** - **Exhibit P12 A PHOTOCOPY OF ORDER NO. KWA/PHC/KNR/E178/2021 DATED 23/3/2022** - **Exhibit P13 TYPED COPY OF ORDER NO. K W A /PHC/KNR/E178/2021 DATED 23-3-2022 ISSUED BY KERALA WATER AUTHORITY.** ## **RESPONDENTS' ANNEXURES** - **ANNEXURE A TRUE COPY OF PROCEEDINGS OF THE 1ST RESPONDENT NO.KWA/JB/HO/E1/1681/2016 DATED 12.02.2020** **ANNEXURE B** - **TRUE COPY OF ORDER G.O.(P)NO.188/2008/FIN DATED 25.04.2008** 9 **W.P.(C) No.18667 & 18991 of 2020** ## **APPENDIX OF WP(C) 18991/2020** ## **PETITIONER'S EXHIBITS** **EXHIBIT P1 A PHOTOCOPPY OF ADVISE MEMO DATED 08.06.1990 ISSUED BY P.S.C.** **EXHIBIT P2 A PHOTOCOPY OF THE ADVICE MEMO DATED 30.04.2004 ISSUED BY P.S.C EXHIBIT P3 A PHOTOCOPY OF APPLICATION DATED 11.06.2020. EXHIBIT P4 A PHOTO COPY OF LETTER NO. E-3/VKA/1449/2019 DATED 24.06.2019.** - **EXHIBIT P5 A PHOTOCOPY OF ORDER NO. E-3-76/2004 DATED 30.07.2019.** - **EXHIBIT P6 A PHOTOCOPY OF REPORT OF PENSION DATED 08.05.2020.** - **EXHIBIT P7 A PHOTO COPY OF GO(P) NO.413/2014/FIN DATED 24.09.2014.** - **EXHIBIT P8 A PHOTO COPY OF GO(P) NO.517/09/FIN DATED 19.11.2009.** - **EXHIBIT P9 A PHOTO COPY OF JUDGMENT DATED 3.8.2016 IN WP(C) 27044/2010.** - **EXHIBIT P10 A PHOTOCOPY OF ANOTHER JUDGMENT DATED 3.6.2009 IN WP(C) NO. 25639/2008.** - **EXHIBIT P11 A PHOTO COPY OF ANOTHER JUDGMENT DATED 12.12.2017 IN WP(C) NO.32129/2014.** - **Exhibit P12 TRUE COPY OF ORDER NO. K W A /PHC/KNR/E178/2021 DATED 23-3-2022 ISSUED BY KERALA WATER AUTHORITY ALONG WITH TYPED COPY.** ## **RESPONDENTS' ANNEXURES** - **ANNEXURE A TRUE COPY OF PROCEEDINGS OF THE 1ST RESPONDENT NO.KWA/JB/HO/E1/1681/2016 DATED 12.02.2020** - **ANNEXURE B TRUE COPY OF ORDER G.O.(P)NO.188/2008/FIN DATED 25.04.2008**