IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 27530 of 2009(I) -------------------------- PETITIONER: ------------------ C.KATHIRVELU, FITTER GRADE-II (RETD.), K.S.E.B., GENERATION DIVISION, EDAMALAYAR, (RESIDING AT KAMALAVILASAM HOUSE, CHELAD P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT). BY ADV. DR. K.P.SATHEESAN MR. K.K.GOPINATHAN NAIR MR. M.R.JAYAPRASAD MR. P.MOHANDAS (ERNAKULAM) MR. MATHEW SUNNY 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.), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER, K.S.E.B., GENERATION CIRCLE, KOTHAMANGALAM, ERNAKULAM DISTRICT. 4. THE ACCOUNTS OFFICER, PENSION SECTION, O/O.THE CHIEF ENGINEER (H.R.M.), K.S.E.B., VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. BY MR. K.S.ANIL, STANDING COUNSEL, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 27530 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 1st day of October 2009. JUDGMENT Petitioner retired from the service of the Kerala State Electricity Board as Fitter Grade-II on 31.05.2008. He had entered service on 22.04.1977 as Ordinary Mazdoor. The 1st, 2nd and 3rd Time Bound Higher Grade promotions were granted to the petitioner on completion of 10, 18 and 25 years of service. According to the petitioner, he was eligible for the 3rd Time Bound Higher Grade with effect from 04.08.2007, but it was granted by orders issued subsequently. He had at the time of retirement, surrendered Earned Leave and was permitted to encash the same to the tune of Rs.,8,268/-. 2. Subsequent to the petitioner's retirement and issuance of the Last Pay Certificate, his terminal benefits were sanctioned. This included DCRG to the tune of Rs.3,30,000/-. An amount of Rs.24,022/- was recovered from the DCRG as evidenced by Ext.P5 and this apparently is in consequence of a stand taken by the Board that a 3rd Time Bound Higher Grade and fixing of petitioner's pay was not proper. Petitioner has W.P.(C). No. 27530 OF 2009 2 challenged this before the Chief Engineer as per Ext.P9. The Chief Engineer is competent to call for the records and issue appropriate orders, in the matter of the claim put forward by the petitioner. 3. I heard learned Standing Counsel for the Board also. 4. In the circumstances, the writ petition is disposed of directing the 2nd respondent to consider Ext.P9, hear the petitioner and pass appropriate orders therein, within three months from the date of receipt of a copy of this judgment. If the Chief Engineer accepts the petitioner's claim, then Ext.P5 shall be suitably revised and the amount recovered from the petitioner's gratuity shall be disposed without further delay. Writ petition is disposed of as above. (V.GIRI) JUDGE kkms/