LAWS(KER)-2020-11-674

ARAVINDAN C. Vs. MANAGING DIRECTOR

Decided On November 17, 2020
Aravindan C. Appellant
V/S
MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) The petitioner says that he retired from the services of the Kerala Water Authority as Operator (Higher Grade) on 31.05.2019; and he has approached this Court being aggrieved by the fact that, through Ext.P1, the Accounts Officer of the Kerala Water Authority has refused to grant him pension citing the following reasons:

(2.) The petitioner says that the objections in Ext.P1 raised by the Kerala Water Authority, with respect to the option for Fixation of Pay exercised by him as early as in the year 1997, cannot now be applied to his detriment, so as to eligible pension, since he retired from service as early as in the year 2019, and further since, going by the judgment of the Hon'ble Court in State of Punjab and others v. Rafiq Masih (White Washer) and others [2015 4 SCC 334], no recovery at this stage is possible. The petitioner therefore, prays that Ext.P1 be set aside and the Kerala Water Authority be directed to pay him his eligible retiral benefits at the earliest.

(3.) In response to the afore submissions made on behalf of the petitioner by Sri.U.Balagangaharan, the learned Standing Counsel for the Kerala Water Authority, Sri.Benjamin Paul, submitted that a counter affidavit has been filed on record, wherein the following have been stated: