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.

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:

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.

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:

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 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