IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 2837 of 2009(K) ------------------------- PETITIONER: --------------- K.K.SREEDHARAN, RETIRED ELECTRICITY WORKER, K.S.E.B, GENERATION DIVISION, KALLARKUTTY, IDUKKI DISTRICT, (RESIDING AT KANJIRAMKUNNEL, MILLUMPADY, AMBALAPADY P.O., IDUKKI 685 562). BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD (K.S.E.B IN SHORT), REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (H.R.M), K.S.E.B, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.2837 of 2009 -------------------------- Dated this the 12th March,2009 J U D G M E N T The petitioner retired from service as an Electricity Worker at Generation Division, Kallarkutty on 31.8.2008. There was a dispute before this Court whether the petitioner can continue in service till the age of 60 years. The said dispute was settled by Exhibit-P1 judgment. This Court relied upon Exhibits-P7 and P8 judgments produced therein, wherein, the Electricity Workers who earned two higher grades were directed to be retained in service till the age of 60 years. Ultimately ,respondents were directed to retain the petitioner in service till the last day of the month in which he attains the age of 60. After his retirement, the pensionary benefits have not been granted counting his total service rendered up to the age of 60. Hence this writ petition has been filed. 2. In the statement filed on behalf of the 2nd respondent what is contended is that the petitioner was W.P ( C) No.2837 of 2009 2 continued up to the age of 60 years on the basis of Exhibit- P1 judgment . The pay fixation as per the Long Term Agreement for Workmen 2007 has not been approved by the pay fixation authority. The pay fixation of the petitioner could not be approved due to the dispute regarding the age of retirement of a group of employees identical to that of the petitioner which is pending before the Hon'ble Supreme Court of India. 3. As regards the petitioner, Exhibit-P1 has become final. There was no Writ Appeal from the said judgment and no appeal is against him in the Apex Court also. Therefore, the continuance of the petitioner up to the age of 60 years as permitted by this Court should have been reckoned for the purpose of finalising the pay fixation and grant of pension. Merely because in respect of others an appeal is pending before the Apex Court, the same cannot be taken as a ground to deny the benefits due to the petitioner by reckoning his service up to the age of 60 years. Learned counsel for the petitioner submitted that there were a total number of 7 workers who were similarly W.P ( C) No.2837 of 2009 3 continued up to the age of 60 years and terminal benefits have been disbursed to some of them by reckoning the retirement age as 60 years. 4. Learned standing counsel for the respondents submitted that the same were granted subject to the result of the decision in the appeal by the Apex Court. 5. In that view of the matter,as far as the petitioner is concerned, since Exhibit-P1 has attained finality, there cannot be any dispute that he entitled for payment of terminal benefits, pension etc reckoning the period of age of retirement as 60 years. It is so declared. Appropriate action will be taken by the 2nd respondent in the matter in accordance with the rules and regulations. The same will be finalised within a period of three months from the date of receipt of a copy of this judgment and payments will also be effected within the above period. The writ petition is allowed as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.2837 of 2009 4 W.P ( C) No.2837 of 2009 5