IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WA.No. 242 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21624/2009 Dated 10/12/2009 .................... APPELLANT(S): PETITIONER: -------------------------------------------- K.S.LOOKOSE, KADUNKAL (HOUSE) KARUNAGAPALLY, KOLLAM DISTRICT (SENIOR GRADE ASSISTANT K.S.E.B.(RETD) BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. THE K.S.E.B. REPRESENTED BY ITS SECRETARY, VAIDHYUTHI BHAVAN, PATTOM PALACE,P.O.THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (H.R.M.) K.S.E.B. REPRESENTED BY ITS SECRETARY VAIDHYUTHI BHAVAN, PATTOM, PALACE P.O. THIRUVANANANTHAPURAM. R1 & R2 BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.N.RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.A.NO:242 OF 2010 E ----------------------------------------------------------- Dated this the 3rd September, 2010. JUDGMENT Ramachandran Nair, J. The writ appeal is filed by the petitioner challenging judgment of the learned Single Judge partly allowing writ petition and partly rejecting it. We have heard counsel appearing for the appellant and standing counsel appearing for the Electricity Board. 2. The dispute raised in the writ petition pertains to claim for promotion as Senior Superintendent for which learned Single Judge issued a direction to the Board to consider even though appellant is retired from service. So far as the next issue is concerned it is only the claim for pension which is seen granted by Ext.P4 on 28/1/2009. Appellant is granted only a minimum pension of Rs.2,400/- reckoning his service as 14 years whereas, according to him, his previous service in the Central and State Government departments should also have been counted and so much so he was entitled to pension reckoning his service at least as 20 years. In this regard the ground on which the learned Single Judge declined the benefit is that petitioner failed to apply for reckoning the W.A.NO: 242/2010 2 previous period for the purpose of pension within one month from Ext.R2(b) order dated 1/9/2005. However, the specific case of the petitioner is that much before Ext.R2(b) was issued he has put up the claim to consider his previous service in Government. Petitioner's claim was considered long back, whereas the Financial Advisor and Chief Accounts Officer has declared eligibility for the petitioner to treat the various periods he has served the Government prior to joining Kerala State Electricity Board for the purpose of pension, in 1992. The finding in Ext.P5 which is a communication from the Financial Adviser of the Kerala State Electricity Board to the Secretary is that for counting previous service and for granting consequential pensionary benefits the previous employer ought to have remitted Rs.4,189/-. Counsel for the Board submitted that since this payment was not made, the appellant's previous service in Government cannot be counted. The learned Single Judge has ignored Ext.P5, which in our view is sufficient evidence to entitle the appellant to get pension reckoning his prior service in Government. If contribution of Rs.4,189/- is not paid by the previous employer, then at least appellant should have been given an opportunity to pay the same for his entitlement to get pension. W.A.NO: 242/2010 3 3. Accordingly the writ appeal is allowed in part by directing the Kerala State Electricity Board to revise appellant's pension by reckoning his previous service in Government in terms of Ext.P5 communication issued by the Financial Adviser and Chief Accounts Officer on 5/3/1992 till date of payment. Arrears of pension should be granted within three months from appellant remitting the amount and thereafter pension should be continuously paid reckoning his past service in Government in terms of the advice of the Financial Advisor and Chief Accounts Officer of the Kerala State Electricity Board. Since writ appeal is disposed of, the Board should also consider appellant's claim for promotion to the post of Senior Superintendent in terms of directions issued by learned Single Judge and if allowed, consequential arrears of pensionary benefits should also be granted without delay. C.N.RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj W.A.NO: 242/2010 4 W.A.NO: 242/2010 5