High Court Kerala High Court

B. Sreedharan vs Kerala State Electricity Board on 3 July, 2008

Kerala High Court
B. Sreedharan vs Kerala State Electricity Board on 3 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22293 of 2006(D)


1. B. SREEDHARAN, AGED 57 YEARS,
                      ...  Petitioner

                        Vs



1. KERALA STATE ELECTRICITY BOARD,
                       ...       Respondent

2. ACCOUNTS OFFICER (PENSION AOUDIT),

3. EXECUTIVE ENGINEER,

                For Petitioner  :SRI.K.L.NARASIMHAN

                For Respondent  :SRI.K.S.ANIL, SC, KSEB

The Hon'ble MR. Justice V.GIRI

 Dated :03/07/2008

 O R D E R
                             V. GIRI, J.
                    -------------------------------
                     WP(C).NO. 22293 of 2006
                   ---------------------------------
             Dated this the 3rd       day of July, 2008

                             JUDGMENT

The petitioner retired from the service of the Kerala State

Electricity Board as Sub Engineer on 31.5.2004. By Ext.P1 order,

inter alia pension was sanctioned in favour of the petitioner and

the petitioner started drawing pension accordingly.

Subsequently by Ext.P2 his pension was revised and it was

reduced. This has been challenged in this writ petition.

2. I heard learned counsel for the petitioner and the

learned Standing Counsel for the KSEB. I do not propose to go

into the merits of the reduction in pension made as per Ext.P2 on

the short ground that Ext.P2 has been passed without hearing the

petitioner. Since pension was sanctioned and it was being drawn

by the petitioner, it can be reduced, subject to the provisions

relating to the grant of pension only after notice to the pensioner.

Such notice has not been issued to the petitioner.

In the result, the writ petition is allowed. Ext.P2 is quashed.

But it is made clear that if the Board is desirous of reducing the

WPC. 22293/2006 2

pension of the petitioner, it may be done only with notice and

after hearing the petitioner.

V. GIRI, JUDGE.

pmn/