IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 37238 of 2007(G) ---------------------------------------- PETITIONER: ----------------- C.J. MATHAI, LINE ASST.GRADE -1 (RTD.) OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, SULTHAN BATHERY. CHIRAPURATHU, KIDANGOOR SOUTH,KOTTAYAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS: ----------------------- 1. THE KERALA STATE ELECTRICITY BOARD REPRESENTEED BY ITS SECRETARY VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (ELE) GENERAL K.S.E.B VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 37238 of 2007 -------------------------- Dated this the 4th January, 2008 J U D G M E N T Petitioner retired from service on 31.7.2001 while working as Line Assistant Grade I in the office of the Assistant Executive Engineer, Electricity Board, Sulthan Bathery. There was a dispute as regards the mode of treatment of the period from 1.12.1993 to 31.12.1994, when the petitioner is alleged to have been on unauthorised absence. Dispute came to be resolved by the Labour Court pursuant to the direction issued by this Court in Exhibit P3 judgment. The Labour Court in Exhibit P4 order found that the period is eligible to be treated as duty and the petitioner is entitled to an amount of Rs.53,393/- with interest at 10% from that date till realisation. 2. Thereafter, the petitioner has approached the Electricity Board with Exhibit P5 for retirement benefits on the basis of continuous service of 33 years without any break, denied increments and benefit of pay revision orders. He claims that he is entitled to re-fixation of pension and arrears. Essentially, what has been sought for by him is consequential fixation of retirement benefits in the light of Exhibit P4 Award. W.P ( C) No. 37238 of 2007 2 3. I have heard the learned standing counsel for the Electricity Board also. In the result, this writ petition is disposed of directing the 1st respondent to consider the petitioner's claim for re-fixation of his pension and retirement benefits consequential to Exhibit P4. Needful shall be done, within a period of three months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 37238 of 2007 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007