IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 3641 of 2009(H) ------------------------- PETITIONER(S): --------------- T.XAVIER, RETD. SENIOR ASSISTANT (PP0 NO. 35376), ELECTRICAL DIVISION, KSEB, KOLLAM (RESIDING AT MAX VILLA), ASHTAMUDI P.O., KOLLAM DIST. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD REP. BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, (H.R.M), K.S.E.B. VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER (H.R.M - II) O/O THE CHIEF ENGINEER, (H.R.M), K.S.E.B, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. ADV.SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3641/2009-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2009 J U D G M E N T The petitioner retired from the service of the K.S.E.B as a Senior Assistant on 31/05/2006. Earlier, he had prior service of 6 years, 5 months and 10 days as a conductor in the K.S.R.T.C. The said service was reckoned for the purpose of computing pension and other terminal benefits. Presently, the grievance of the petitioner is that his entire service has not been reckoned for the purpose of computing pension and other benefits. Only 5 years 4 months and 17 days alone have been reckoned for the purpose of calculating the said benefits. It is in these circumstances, he has filed Ext.P5 representation before the first respondent Board seeking for appropriate action in the matter. 2. Heard the learned Standing Counsel appearing for the K.S.E.B and the learned counsel appearing for the petitioner. 3. The learned counsel for the petitioner submits that by Ext.P4, a similarly placed Officer in the category of Senior Assistant was allowed such a benefit and, therefore, while considering the grievance of the petitioner, the same aspect may also be considered. W.P.(C) No.3641/2009 -:2:- 4. In the light of the fact that the petitioner has got a total service of 6 years and above, the first respondent will consider whether the entire service can be reckoned for pensionery benefits as prayed for by the petitioner in Ext.P5. Appropriate orders in that regard shall be passed expeditiously at any rate within a period of two months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms