High Court Kerala High Court

K.S.Lookose vs The K.S.E.B. Represented By Its on 3 September, 2010

Kerala High Court
K.S.Lookose vs The K.S.E.B. Represented By Its on 3 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 242 of 2010()


1. K.S.LOOKOSE, KADUNKAL (HOUSE)
                      ...  Petitioner

                        Vs



1. THE K.S.E.B. REPRESENTED BY ITS
                       ...       Respondent

2. THE CHIEF ENGINEER (H.R.M.) K.S.E.B.

                For Petitioner  :SMT.P.K.RADHIKA

                For Respondent  :SRI. ASOK M.CHERIYAN, SC, KSEB

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :03/09/2010

 O R D E R
                     C.N.RAMACHANDRAN NAIR &
                        K. SURENDRA MOHAN, JJ.
                ------------------------------------------------------------
                          W.A.NO:242 OF 2010 E
                -----------------------------------------------------------
               Dated this the 3rd September, 2010.

                                    JUDGMENT

Ramachandran Nair, J.

The writ appeal is filed by the petitioner challenging judgment

of the learned Single Judge partly allowing writ petition and partly

rejecting it. We have heard counsel appearing for the appellant and

standing counsel appearing for the Electricity Board.

2. The dispute raised in the writ petition pertains to claim for

promotion as Senior Superintendent for which learned Single Judge

issued a direction to the Board to consider even though appellant is

retired from service. So far as the next issue is concerned it is only

the claim for pension which is seen granted by Ext.P4 on

28/1/2009. Appellant is granted only a minimum pension of

Rs.2,400/- reckoning his service as 14 years whereas, according to

him, his previous service in the Central and State Government

departments should also have been counted and so much so he was

entitled to pension reckoning his service at least as 20 years. In

this regard the ground on which the learned Single Judge declined

the benefit is that petitioner failed to apply for reckoning the

W.A.NO: 242/2010 2

previous period for the purpose of pension within one month from

Ext.R2(b) order dated 1/9/2005. However, the specific case of the

petitioner is that much before Ext.R2(b) was issued he has put up

the claim to consider his previous service in Government.

Petitioner’s claim was considered long back, whereas the Financial

Advisor and Chief Accounts Officer has declared eligibility for the

petitioner to treat the various periods he has served the

Government prior to joining Kerala State Electricity Board for the

purpose of pension, in 1992. The finding in Ext.P5 which is a

communication from the Financial Adviser of the Kerala State

Electricity Board to the Secretary is that for counting previous

service and for granting consequential pensionary benefits the

previous employer ought to have remitted Rs.4,189/-. Counsel for

the Board submitted that since this payment was not made, the

appellant’s previous service in Government cannot be counted. The

learned Single Judge has ignored Ext.P5, which in our view is

sufficient evidence to entitle the appellant to get pension reckoning

his prior service in Government. If contribution of Rs.4,189/- is not

paid by the previous employer, then at least appellant should have

been given an opportunity to pay the same for his entitlement to

get pension.

W.A.NO: 242/2010 3

3. Accordingly the writ appeal is allowed in part by directing

the Kerala State Electricity Board to revise appellant’s pension by

reckoning his previous service in Government in terms of Ext.P5

communication issued by the Financial Adviser and Chief Accounts

Officer on 5/3/1992 till date of payment. Arrears of pension

should be granted within three months from appellant remitting the

amount and thereafter pension should be continuously paid

reckoning his past service in Government in terms of the advice of

the Financial Advisor and Chief Accounts Officer of the Kerala State

Electricity Board. Since writ appeal is disposed of, the Board

should also consider appellant’s claim for promotion to the post of

Senior Superintendent in terms of directions issued by learned

Single Judge and if allowed, consequential arrears of pensionary

benefits should also be granted without delay.

C.N.RAMACHANDRAN NAIR
Judge

K. SURENDRA MOHAN
Judge
jj

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