IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 22315 of 2009(H) -------------------------- PETITIONER(S): --------------- K.SHANMUGHAN, 62 YEARS,S/O.M.KUMARASWAMY,'RUKMA' 5/682(1), NEAR SBI OFFICERS COLONY,RAMANATHAPURAM,PALAKKAD. RETIRED SENIOR ASSISTANT FROM K.S.E.B. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: --------------- 1. THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY,VIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), VIDYUTHI BHAVAN,THIRUVANANTHAPURAM. 3. THE FINANCIAL ADVISER, K.S.E.BOARD,THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION,PALAKKAD. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1-4 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.22315 of 2009 -------------------------- Dated this the 16th September,2009 J U D G M E N T Petitioner retired from the Board in the year 2002. His pension was revised with effect from 1.8.2003 and he has been receiving the revised pension with effect from 1.1.2009. But arrears to the tune of Rs.66,814/- has not been disbursed and hence the writ petition. 2. A statement has been filed on behalf of the 2nd respondent. 3. Petitioner is entitled to get arrears relatable to revised pension with effect from 1.8.2003. But contention taken is that an amount of Rs.31,952/- was deposited in excess under the account of the petitioner before the Regional Joint Labour Commissioner for the purpose of complying with the order passed by the competent authority under the Payment of Gratuity Act on a claim made by the petitioner in this regard. 4. It is up to the Board to approach the Regional Joint Labour Commissioner and seek refund of the excess W.P ( C) No.22315 of 2009 2 amount, if any, deposited. Arrears of pension amounting to Rs.66,814/- relatable to the period from 1.8.2003 to 31.12.2008 shall be disbursed by the respondents within one month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.22315 of 2009 3 W.P ( C) No.22315 of 2009 4