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 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 throughRafiq 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 th