IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10361 of 2009(M)
1. J.J.JEFFERSON, S/O.J.JOHANSON,
... Petitioner
Vs
1. THE KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE CHIEF ENGINEER (HRM),
For Petitioner :SMT.P.K.RADHIKA
For Respondent :SRI.K.S.ANIL, SC, KSEB
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :16/09/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 10361 of 2009
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Dated this the 16th day of September, 2010
J U D G M E N T
The petitioner was an employee of the Kerala State Electricity
Board. Prior to joining the Kerala State Electricity Board, the petitioner
had nine months and 29 days of aided school service. The petitioner
retired from service of the Kerala State Electricity Board on 31.5.2002.
The petitioner seeks reckoning of the aided school service also for the
purpose of retirement benefits, which has not been favourably
considered by the respondents. According to the petitioner, the issue is
squarely covered in his favour by the decision of the Division Bench of
this Court in W.A.No.2214/2009.
2. I have heard the learned standing counsel appearing for
the KSEB also. The standing counsel could not dispute the fact that the
issue in question is squarely covered by the decision of the Division
Bench of this Court in W.A.No.2214/2009, which reads thus:
‘The second petitioner is the appellant. Respondents 1 and 2
herein were the respondents in the Writ Petition. The point that arises
for decision in this appeal is whether a teacher of an Aided School, who
later joined the Kerala State Electricity Board (hereinafter referred to
as “the K.S.E.B.), can count his past service in the school as teacher,
for the purpose of pensionary benefits, on his retirement from the
K.S.E.B.2. The skeletal facts necessary for the disposal of the appeal are
the following: The appellant had worked as a Lower Primary School
Assistant in an Aided School from 17.8.1972 to 30.6.1977. The said
service was approved by the Educational Officer concerned. Later, on
1.7.1977, he joined the K.S.E.B. as Cashier and retired from service as
Senior Assistant on 31.10.2004. He filed a representation before thew.p.c.10361/09 2
K.S.E.B., praying that his past service in the Aided School may also be
reckoned for the purpose of granting pensionary benefits. But, the
Chief Engineer of the K.S.E.B., by Ext.P4 order dated 16.6.2004,
rejected his request. Therefore, the Writ Petition was filed, seeking
appropriate reliefs, to enable him to count his past service as Lower
Primary School Assistant also, for the purpose of pensionary benefits.
The learned Single Judge, after hearing both sides, dismissed the Writ
Petition. Hence, this appeal.3. The learned counsel for the appellant brought to our notice
that Rule 14 E of Part III of the Kerala Service Rules (for short “the
Rules”) mandates reckoning of Aided School service also for the
purpose of pensionary benefits and that the provisions of the said Rule
are mutatis mutandis applicable to the K.S.E.B. also, by virtue of
Annexure A3 decision of the K.S.E.B. As per the said decision, the
Rules, including the amendments introduced from time to time, are
automatically applicable to the employees of the K.S.E.B., unless
otherwise decided by the Full Board or they are contrary to the special
regulations of the K.S.E.B. The learned counsel for the appellant
submitted that in this case there is no decision by the Full Board of the
K.S.E.B. not to make applicable Rule 14 E of the Rules and none of the
regulations of the K.S.E.B. runs counter to the aforementioned
provision in the Rules. So, the Writ Petition should have been allowed,
it is submitted.4. We heard the learned Standing Counsel for the K.S.E.B. It is
submitted by the learned Standing Counsel that the K.S.E.B., by
Ext.R1(b) decision, has laid down the cases in which past service of
employees could be counted for the purpose of pensionary benefits,
that the service in Aided Schools does not find a place in it and,
therefore, that service cannot be reckoned.5. Rule 14 E of the Rules reads as follows:
“14E. Aided School Service put in by Government
employees prior to entry in Government service
qualified. Takes effect from 24th January, 1968.”It is common ground that the provisions of the Rules are adopted by
the K.S.E.B.,invoking its regulation making power under Section 79(c)
of the Electricity (Supply) Act, 1948. So, wherever the word
‘Government’ is used in the Rule, the same has to be understood as
K.S.E.B. So, Rule Rule 14 E of the Rules when adopted by the K.S.E.B.
reads as follows:“14E. Aided School Service put in by K.S.E.B.
employees prior to entry in K.S.E.B. service qualified.
Takes effect from 24th January, 1968.”
In view of the above position, even if Ext.R3(b) decision of the K.S.E.B.
does not mention Aided School service, the K.S.E.B. was bound to
reckon the past service of the appellant. The decision in the nature of
Ext.R1(b) cannot have the efficacy to override a statutory regulation inw.p.c.10361/09 3
the nature of Rule 14 E of the Rules. In view of the above position, the
appellant is entitled to succeed.
Accordingly, the Writ Appeal is allowed. the judgment under
appeal is reversed. The first respondent is directed to reckon the past
service of the appellant in the Aided School from 17.8.1972 to
30.6.1977, for the purpose of granting the pensionary benefits. This
direction shall be implemented by the first respondent within three
months from the date of receipt/production of a copy of this
judgment.’
In view of the same, this writ petition is allowed in terms of the
Division Bench decision.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge