IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 37394 of 2010(Y) -------------------------- PETITIONER: --------------- N.G.VARGHESE, ANI COTTAGE, SALEMPURAM, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. MS. S.K.DEVI MR. SANTHOSH P.ABRAHAM RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN-695 001. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN-695 001. 3. THE FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER, KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN-695 001. 4. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, PUNALUR-696 811. BY ADV. SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 37394 OF 2010 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE COMMON JUDGMENT 09.12.2002 IN O.P. NOS. 16728/1993 AND 16733/1994 OF THIS HON'BLE COURT. EXT. P2 : TRUE COPY OF ORDER PA/IX/PPO - 30269 DATED 07.06.2003 OF THE BOARD. EXT. P3 : TRUE COPY OF THE ORDER PA/IX/PPO - 30269 DATED 14.10.2003 OF THE BOARD. EXT. P4 : TRUE COPY OF THE NOTICE NO. EBPS.20/2064/2002 ISSUE BY THE 2ND RESPONDENT. EXT. P5 : TRUE COPY OF THE REPLY DATED 21.12.2009 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT. P6 : TRUE COPY OF THE COMMUNICATION DATED 20.11.2008 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT EXT. P7 : TRUE COPY OF THE BO(CM) NO. 215/07 (LAS 1/118180/1994) DATED 25.01.2007 OF THE 1ST RESPONDENT. EXT. P8 : TRUE COPY OF THE BOARD ORDER NO. 732/93 (PSI / 3033 / 92) DATED 21.04.1993 EXT. P9 : TRUE COPY OF THE ORDER NO. PA IX/PPO 33269 DATED 21.08.2009 ISSUED BY THE 2ND RESPONDENT. EXT. P10 : TRUE COPY OF THE JUDGMENT DATED 20.07.2010 IN W.P.(C) NO. 27568/2009 OF THE HON'BLE COURT. EXT. P11 : TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 19.10.2010 BEFORE THE 1ST PETITIONER. EXT. P12 : TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT NO. BO (MG) NO. 3098/2010 (LAS1/11730/2009) DATED 29.11.2010 /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 37394 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 27th October, 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. Call for the records leading to issuance of Exts. P7, P9 (to the extent it relates to the petitioner) and Ext. P12 orders from the respondents 1 and 2 and quash the same by issuing a Writ of Certiorari or any other appropriate order or direction; ii. issue a Writ of Mandamus or any other appropriate Writ, Order or direction, directing the respondents to revise the pension of the petitioner pursuant to 2008 - '09 pension revision and disburse the dues with interest. iii. issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent to refund the amounts already recovered from the petitioner with interest; iv. award the cost of the proceedings from the respondents and v. issue such other writ, order or direction which this Hon'ble Court may deem fit and proper on the facts and circumstances of this case and in the interest of justice. 2. When the matter is taken up for further consideration, it is brought to the notice of this Court that, the respondent Board has passed Ext. P13 order dated 15.06.2011, whereby the Chief Engineer (HRM) i.e. the second respondent has been directed to take further W.P. (C) No. 37394 of 2010 : 2 : steps for payment of the amount recovered from the petitioner and to revise the pay and pensionary benefits in respect of the petitioner accordingly. The learned standing counsel for the Board submits that the steps are being pursued to have the proceedings finalized in tune with Ext. P13. 3. In the said circumstances, the second respondent is directed to give effect to Ext. P13 and make payment to the petitioner forthwith, at any rate, within six weeks from the date of receipt of copy of this judgment. The issue with regard to the claim for interest is left open. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd