IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 3787 of 2009(A) ------------------------------------- PETITIONER: ------------------- S.KRISHNAMBAL,RETIRED DIVISIONAL ACCOUTANT, KERALA STATE ELECTRICITY BOARD, T.C.2/1371(1),"ARUL",MANGANNOORKONAM(A)LANE, PATTOM, THIRUVANANTHAPURAM. BY ADV. SMT.ASHA CHERIAN. RESPONDENTS: ------------------------ 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. 2. THE CHIEF ENGINEER (H.R.M),KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR. ASOK M.CHERIYAN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.3787/2009-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER B.O. NO. 461/2001 PSI/3141/2000 DTD. 23/02/2001 ISSUED BY THE K.S.E. BOARD. EXT.P.2: COPY OF THE JUDGMENT DTD. 22/08/2005 IN O.P. NO. 38127/2002. EXT.P.3: COPY OF THE 1ST AND RELEVANT PAGE OF THE PASS BOOK OF THE PETITIONER IN STATE BANK OF TRAVANCORE. EXT.P.4: COPY OF THE ORDER B.O. (FB).NO.1322/2007 (PSI/1752/2007) DTD. 11/06/2007. EXT.P.5: COPY OF THE RELEVANT PAGE OF THE PASS BOOK OF THE PETITIONER IN STATE BANK OF TRAVANCORE. EXT.P.6: COPY OF THE LETTER DTD. 21/08/2007 OF THE R.2. EXT.P.7: COPY OF THE LETTER DTD. 04/11/2006 OF THE R.1. EXT.P.8: COPY OF THE LETTER DTD. 21/12/2007 OF PEOPLE'S COUNCIL FOR SOCIAL JUSTICE TO THE R.1. EXT.P.9: COPY OF THE LETTER DTD.10/10/2008 OF PEOPLE'S COUNCIL FOR SOCIAL JUSTICE TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No.3787 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 2nd day of June, 2009 JUDGMENT Heard Smt. Asha Cherian, the learned counsel appearing for the petitioner and Sri. Ashok M. Cherian, the learned standing counsel appearing for the respondents. 2. The petitioner is a pensioner. She retired from the service of the Kerala State Electricity Board on 31-8-1998. Thereafter, by Ext.P1 order dated 23-2-2001 the pensionary benefits were revised. It appears that in implementation of Ext.P1 order, a sum of Rs.11,165/- paid as interim relief to the petitioner was recovered from her D.C.R.G. The petitioner along with others who were likewise aggrieved filed O.P. No.38127 of 2002 in this Court. By Ext.P2 judgment delivered on 22-8-2005 this Court held that such recovery cannot be effected. Though the Board has filed a writ appeal challenging Ext.P2 judgment, Ext.P2 judgment was implemented and the sum of Rs.11,165 recovered from the petitioner was refunded to her. The grievance voiced by the petitioner is that when there was a further revision of the pensionary benefits, the very same WPC 3787/09 2 amount was again recovered from her by adjusting it in the accounts. The action taken by the Board in that regard is under challenge in this writ petition. 3. There is no dispute about the fact that the very same amount, which has been ordered to be refunded by this Court in Ext.P2 judgment, has once again been recovered, when the pensionary benefits again revised by Ext.P4 order. Ext.P2 judgment still remains in force. Though the learned counsel appearing for the Board submits that they have filed a writ appeal challenging Ext.P2 judgment, he fairly conceded that Ext.P2 judgment has not so far been set aside. Such being the situation, I dispose of this writ petition with a direction to the respondents to refund to the petitioner the sum of Rs.11,165/- recovered from her within one month from today. Needless to say, in the event of Ext.P2 judgment being reversed, the rights of parties will be governed by the judgment of the Division Bench. P.N.RAVINDRAN, JUDGE. mn.