IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 24088 of 2004(P) -------------------------------------- PETITIONER: ----------------- S.REMADEVI, PADMAPADAM, PATHIYOOR WEST, KEERIKAD P.O., ALAPPUZHA, PIN 690 508. BY ADV. SRI.S.RAMESH BABU RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM), VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.P.SANTHALINGAM, SC, KSEB – R1, R2 SRI.C.K.KARUNAKARAN, SC, KSEB – R1, R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).24088/2004-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PENSION AUTHORISATION DATED 28/07/2004. EXT.P2: COPY OF THE RELIEVING MEMO DATED 24/03/1977. EXT.P3: COPY OF THE G.O.(P).NO.651/03 FIN. DATED 06/12/2003. EXT.P4: COPY OF THE B.O.NO.95/2000/ESTT. IV/5596/99 DATED 12/01/2000. EXT.P5: COPY OF THE RELEVANT EXTRACTS OF THE LONG TERM SETTLEMENT. EXT.P6: COPY OF THE PROCEEDINGS DATED 24/02/2000 OF TRHE CE (HRM). RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.24088 of 2004-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2008. JUDGMENT The petitioner is the widow of late Shri P. Gopalakrishna Pillai who expired on 26.3.2003 while working as Senior Superintendent in the Electrical Division Office, Mavelikkara. The retirement benefits due to him was sanctioned as per Ext.P1. The complaint of the petitioner is that the same has been calculated without reckoning the earlier service of the petitioner's late husband in the erstwhile P & T Department under the Central Government. It is stated that her late husband has been working as Junior Accountant in the Office of the Deputy Director of Accounts (Postal), Bhopal from 26.7.1974 to 24.3.1977, prior to his joining duty in the service of the Kerala State Electricity Board. Consequent on his appointment in the K.S.E.B., he resigned his post there and was relieved as per Ext.P2 memo dated 24.3.1977 and joined in the Board's service on 31.3.1977. It is averred in the writ petition that the Service Book of the petitioner showing the former employment has been transmitted to the Executive Engineer, Electrical Division, Mavelikkara and the same is available there. WPC 24088/2004 -2- 2. The eligibility of the petitioner's late husband to count the earlier service has to be considered based on various Govt. Orders and the orders issued by the Board. The petitioner has produced Exts.P3, P4 and P5 in support of the contention raised in the writ petition. Ext.P3 is applicable to Government employees, wherein reckoning of the earlier period of service is permitted while computing the pension and other benefits. As far as the Electricity Board is concerned, the same is governed by Exts.P4 and P5. Para 3 of Ext.P4 grants benefit of reckoning of service rendered by the Board employees in the Central/State Government/Autonomous bodies/Quasi-Government organisation, etc. prior to their appointment/absorption in KSEB upto 12.3.1992, for pensionary benefits subject to the conditions provided therein. Ext.P5 is the long term settlement of the year 2000, wherein clause 5 provides that former Government service followed by Board service without break will be counted for the purpose of computing qualifying service for weightage. Herein, the petitioner's late husband was relieved from the former department on 24.3.1977 and he joined the Board on 31.3.1977, within the joining time permitted. Obviously, while sanctioning the retirement benefits as per Ext.P1, these aspects have not been considered. 3. The other issue that is raised in this writ petition is that the gratuity payable is not calculated as provided in the Payment of Gratuity Act. As far WPC 24088/2004 -3- as this issue is concerned, going by the judgment in Writ Appeal No.1062/2003 affirming the judgment in O.P.No.674/2002, the Payment of Gratuity Act is applicable as far as the employees of K.S.E.B. are concerned. It is reported that against the judgment in Writ Appeal No.1062/2003, the Board has already filed Special Leave Petition before the Supreme Court and the operation of the judgment has been stayed. Therefore, the eligibility of the petitioner for payment of gratuity under the Act will depend upon the outcome of the S.L.P. Pending before the Supreme Court and if ultimately it results in favourable orders, the gratuity already paid pursuant to Ext.P1 will be recalculated and accordingly, the amount will be disbursed. 4. The writ petition is therefore disposed of directing the second respondent to consider the issue regarding reckoning of the past service of the petitioner's late husband in P & T Department for the purpose of revising the retirement benefits ordered as per Ext.P1 in the light of Exts.P4 and P5. The same shall be done within a period of three months from the date of receipt of a copy of this judgment. The benefits due to the petitioner accordingly, shall be disbursed without any further delay. (T.R. Ramachandran Nair, Judge.) kav/