IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WA.No. 1113 of 2009() --------------------- AGAINST THE INTERIM ORDER IN WPC.14502/2009 Dated 28/05/2009 APPELLANT(S): RESPONDENTS 2 TO 4 1. THE SPECIAL OFFICER, MANAGING COMMITTEE, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD, POKKAYIL P.O., TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): PETITIONER& RESPONDENTS 1 AND 5: 1. A.KUTTY SANKARAN, ASST. EXE. ENGINEER, ELECTRICAL SUB DIVISION, KERALA STATE ELECTRICITY BOARD, TIRUR, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, POWER(C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY FINANCE(RULES) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI N. SUGATHAN - R1 GOVT. PLEADER SRI;. BENNY G ERVASIS -R2 AND R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/06/2009 ALONG WITH W.A. NO.1119 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NOS. 1113 & 1119 OF 2009 --------------------------------------------- Dated this the 1st day of June, 2009 JUDGMENT Balakrishnan Nair, J. W.A. No. 1113 of 2009 The appellants are the respondents in W.P.(C) No. 14502 of 2009. The first respondent herein was the writ petitioner. 2. The first respondent is an Assistant Executive Engineer who was to retire from service on 31.5.2009. But, in the meantime, the Government issued Ext.P1 and P2 orders providing that the date of retirement of all Government employees due after 1.4.2009 will be on 31.3.2010. Employees of the appellants are governed by the provisions of the Kerala Service Rules, as amended from time to time. The appellants have pointed out that in tune with Ext.P1, no amendment has been carried out under Rule 60 of Part I of the Kerala Service Rules and, therefore, the first respondent is not entitled to continue in service. In view of the above W.A. NOS.1113 & 1119/2009 2 stand of the appellants, apprehending termination from service on reaching superannuation as per Rule 60 of Part I of the Kerala Service Rules, as it stands now, the writ petitioner approached this Court by filing the Writ Petition. The learned Single Judge has passed an interim order providing for retention of the first respondent in service by paying salary to him. It was further provided in the said order that in case of dismissal of the Writ Petition, the salary paid to the petitioner can be recovered or adjusted against his terminal benefits. 3. Normally, before amending the provisions of the Kerala Service Rules, an executive order in the nature of Ext.P1 will be issued at the first instance. Later, the relevant rule will be amended with effect from the date of Ext.P1. If there is any change from the said practice this time, the first respondent can be sent out from service and the salary paid to him can be recovered or adjusted against his terminal benefits. 4. In view of the above position, we find no merit in the appeal. The learned Single Judge has safeguarded the interest of both sides. Accordingly, the Writ Appeal is dismissed. W.A. NOS.1113 & 1119/2009 3 W.A. No. 1119 of 2009 In view of the judgment in W.A. No.1113 of 2009, this appeal is also dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NOS.1113 & 1119/2009 4 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NOS.1113 & 1119/09 JUDGMENT 1st June, 2009 W.A. NOS.1113 & 1119/2009 5