IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 3532 of 2011(N) ------------------------------------- PETITIONER(S): ------------------------ 1. P.P.BALAN, PRAMOD BHAVAN, ERAVANKARA PO, MAVELIKKARA, RETIRED ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD. 2. K.SURENDRAN, YAMUNA, KANNAKUZHI, CHARUMOODU, MAVELIKKARA, RETIRED ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD. 3. G.ARAVINDAKSHAN UNNITHAN, PRASANTH BHAVAN, PADANILAM P.O., NOORANAD, RETIRED ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD. 4. R.DAMODARAN PILLAI, VAZHAVELIL PADEETTATHIL, PONAKAM, MAVELIKKARA, RETIRED OVERSEER, KERALA STATE ELECTRICITY BOARD. 5. S.VIJAYAN PILLAI, THEVELASSERIL HOUSE, KANNAMAKUZHI P.O., CHARUMOODU, RETIRED ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD. 6. K.JOHN JACOB, MADATHIL PARAMBIL HOUSE, PUNNAMOODU, MAVELIKKARA RETIRED SUB ENGINEER, KERALA STATE ELECTRICITY BOARD. 7. K.PANKAJAKSHAN, SOUPRABHA KOTTARKAVU, MAVELIKKARA, RETIRED SENIOR ASSISTANT (HIGHER GRADE), KERALA STATE ELECTRICITY BOARD. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) sts WP(C)NO.3532/2011 RESPONDENT(S): -------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. PIN- 695 001 2. THE CHIEF ENGINEER, HRMS, KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.PIN- 695 001 R1 BY GOVERNMENT PLEADER SRI.SANDHESH RAJA R2 BY ADV.SRI.K.S.ANIL, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 3532 of 2011-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2011. JUDGMENT The petitioners have retired from service of the first respondent on various dates. They have retired from different posts. They had opted for commutation of the one third portion of their pension at the time of retirement as provided under the pension commutation rules. 2. It is pointed out that in spite of Ext.P1 order revising the pension and other benefits, there is a condition in the said order that the commuted value of pension of those persons who retired from service between 1.7.2003 to 31.8.2007, would be reckoned only at the pre revised rate. Ext.P2 series are the orders revising the pension of the petitioners. The petitioners are relying upon Ext.P3 judgment of this Court wherein, in the light of the earlier judgments of this Court in W.P.(C) No.26661/2009 and connected cases, this Court quashed clauses 6.1.7.1 and 7.2 of Ext.P1 herein. 3. In the light of the fact that the petitioners are similarly placed, there will be a direction to consider the case of the petitioners also in the light of the dictum laid down in Ext.P3 judgment. Appropriate orders will wpc 3532/2011 2 be passed within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/