IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 1736 of 2005(F) ------------------------------------ PETITIONER(S): ----------------------- A.S.ASOKAN, S/O. LATE P.SREEDHARA MENON, AGED 58 YEARS (SENIOR SUPERINTENDENT (RETD.), KERALA STATE ELECTRICITY BOARD (K.S.E.B.), ELECTRICAL DIVISION, IRINJALAKUDA,THRISSUR DIST.) RESIDING AT AMBAT HOUSE, POST PERINJANAM-680 686, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.T.V.VIJAYARAJAN SRI.M.SAJJAD RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER, SECRETARIAT, TRIVANDRUM. 2. THE KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM, PATTOM, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. 3. THE CHIEF ENGINEER (H.R.M), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM PATTOM, TRIVANDRUM. 4. THE SENIOR SUPERINTENDENT, KERALA STATE ELECTRICITY BOARD (K.S.E.B), ELECTRICAL DIVISION, IRINJALAKUDA,THRISSUR DIST. R1 BY GOVT. PLEADER SRI.ANTON Y MUKKATH R2 TO R4 BY ADV.SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.1736/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SERVICE CERTIFICATE ISSUED BY THE PRINCIPAL , CHRIST COLLEGE DT.D 12.4.2002. P1(a):- COPY OF THE CERTIFICATE ISSUED BY SRI.VYASA N.S.S. COLLEGE DTD. 25.4.2002. P1(b):- COPY OF THE CERTIFICATE ISSUED BY THE DEPUTY DIRECTOR OF COLLEGE EDUCATION DTD. 20.7.2002. P2:- COPY OF THE G.O.(MS) NO.191/77/H.EDN. OF THE GOVERNMENT DTD. 5.12.1977. P3:- COPY OF THE G.O.(P) NO.670/79/FIN. OF DO. DTD. 30.7.1979. P4:- COPY OF THE B.O. NO.671/2001/ESTT. V-6469/99) OF THE 2ND RESPONDENT DTD. 22.3.2001. P5:- COPY OF THE B.O. NO.424/92/ESTT) IV/1960/901) OF THE 2ND RESPONDENT DTD. 12.3.1992. P6:- COPY OF THE JUDGMENT IN OP. 13802/1998 DTD. 18.3.2004. P7:- COPY OF THE G.O.(P) 2357/99/FIN. OF THE GOVERNMENT DTD. 25.11.1999. P8:- COPY OF THE B.O. 419/2001/(ESTT.V/1468/90) OF THE 2ND RESPONDENT DTD. 19.2.2001. P9:- COPY OF THE ORDER NO.EBPS-8/7070/2002/185 OF THE ACCOUNTS OFFICER (PENSION AUDIT) OF THE CE'S OFFICE DTD. 12.11.2002. P10:- COPY OF THE ORDER NO.PA.G1.1/32/2002 OF DO. DTD. 28.10.2002. P11:- COPY OF THE CERTIFICATE ISSUED BY SRI.VYASA N.S.S. COLLEGE DTD. 27.11.2002. P12:- COPY OF THE SERVICE CERTIFICATE ISSUED BY THE CHRIST COLLEGE DTD. 4.12.2002. P13:- COPY OF THE LETTER NO.D5-2383/02 OF THE DEPUTY DIRECTOR OF COLLEGE EDN. DTD. 20.7.2002. P14:- COPY OF THE ORDER OF THE BOARD DTD. 5.7.2003. P15:- COPY OF THE REPRESENTATION SUBMTITED BEFORE THE CHAIRMAN OF THE BOARD DT. 9.7.2003. P16:- COPY OF THE ORDER NO.EBPS 8/707/2002 /150 OF THE ACCOUNTS OFFICER DT. 14.8.2003. P17:- COPY OF THE ORDER NO.PA. G1.1/32/2002 OF DO. DT. 6.8.2003. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 1736 of 2005 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of August, 2011. J U D G M E N T The petitioner retired from the service of the Kerala State Electricity Board after putting in 27 years of service, on 31.7.2002. Prior to entering the service of the Electricity Board, the petitioner had aided college service for the periods from 14.6.1965 to 15.7.1975, from 12.6.1967 to 31.5.1968 and from 1.6.1968 to 31.5.1969. According to the petitioner, the petitioner is entitled to have the aided college service reckoned for calculating retirement benefits in view of Exts. P2 and P3 Government orders read with Ext.P4 Board order adopting Exts. P2 and P3. But the petitioner 's claim in this regard has been rejected by Exts. P14, P16 and P17. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “a. call for the records relating to Exts. P14, P16 and P17 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. b. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd and 3rd respondents to count the private college service of the petitioner for reckoning pensionary benefits in the Kerala State Electricity Board.” 2. A counter affidavit has been filed by respondents 1 to 4. The contention raised is that admittedly the petitioner's service in the aided college is temporary service and although it W.P(C) No. 1736 of 2005 -: 2 :- was prior to 1.10.1994, the same is not reckonable since the conditions of decision No. 2 under Rule 33 of Part I of K.S.R is not satisfied in the the petitioner's case. 3. I have considered the rival contentions in detail. 4. Of course, aided college service is reckonable for the purpose of retirement benefits in Kerala State Electricity Board in view of Exts. P2, P3 and P4. But, that can only be in respect of regular service and not provisional service. For provisional service prior to 1.10.1994 to be reckonable for the purpose of retirement benefits, it should satisfy the conditions in Government decision No. 2 under Rule 3 of Part I of KSR. As per the Government decision No 2 under Rule 33 of Part I of KSR, provisional service on regularisation with or without break in the same category of post will be treated as officiating service ab initio for the limited purpose of granting of increments and only the period which qualifies for earning increment would be reakoned as qualifying service for pension. Here, as is clear from Exts. P11 and P12 certificates produced by the petitioner himself, the aided college service of the petitioner was purely temporary, which does not satisfy the conditions prescribed for counting of provisional service for pension. W.P(C) No. 1736 of 2005 -: 3 :- Therefore, the petitioner is not entitled to the reliefs prayed for in this writ petition. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/