IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 29129 of 2007(P) PETITIONERS: 1. P.VINCENT ANTONY,S/O.P.T.ANTONY, AGED 55 YEARS,DEPUTY CHIEF ENGINEER (RTD) ELECTRICAL CIRCLE,KERALA STATE ELECTRICITY BOARD SHORNOUR (RESIDING AT PULICKAL, PUDUKAD, THRISSUR-680 301) 2. P.A.ISMAEL, S/O. LATE P.K. ADIMA, AGED 45 YEARS, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD T.M.R. DIVISION, ANGAMALY. 3. K.O.DEVASSY, S/O. K.V.OUSEPH, AGED 45 YEARS, ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD GENERAL SUB DIVISION,PORINGALKUTHU. 4. N.C.FAROOK S/O. SAIKU MUSTHABA RAWTHER, AGED 54 YEARS,ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION,KALPATHY, PALAKKAD DIVISION (RESIDING AT BLOSSOM POOKKARATHOTTOM,OLAVAKKOD, PALAKKAD-678 002. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF POWER, SECRETARIAT,THIRUVANANTHAPURAM. WP(C).No. 29129 of 2007 :: 2 :: 2. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM,TRIVANDRUM REPRESENTED BY ITS SECRETARY. 3. THE CHIEF ENGINEER (H.R.M) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM PALALCE, THIRUVANANTHAPURAM. ADDL. R4 THE CHAIRMAN, BOARD OF DIRECTORS, KERALA STATE ELECTRICITY BOARD, TRIVANDRUM. ADDITIONAL 4TH RESPONDENT IS IMPLEADED AS PER ORDER ON I.A.NO.4129/08 DATED 26.3.2008. BY ADV.SRI.K.S.ANIL- STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.29129 of 2007 ------------------------- Dated this the 26th day of March, 2008. JUDGMENT The first petitioner has retired from service of the Electricity Board and petitioners 2 to 4 are still in service. They agitate a common issue in this writ petition. 2. The petitioners had earlier worked in private/aided/polytechnics, prior to their joining the Electricity Board. According to them, their earlier service must be reckoned for the purpose of fixing their pensionary benefits. They refer to Ext.P9 Government Order dated 5.12.1977, wherein it is declared that Private College Service of Government College Teachers will be counted for retirement benefits. They also refer to Ext.P10 Government Order, by which the Private College Service of both teaching and non-teaching of Government employees prior to their entry in Government Service has been decided to be counted for pensionary benefits, subject to the conditions laid down in G.O.(MS)No.191/77/H.Edn. Dated 5.12.1977. The petitioners contend that by Ext.P11 W.P.(C).NO.29129/07 :: 2 :: Board Order, Exts.P9 and P10 have been made applicable to the employees of the Board. They further submit that similarly situated persons have been granted pensionary benefits by counting their past service prior to their employment in Government service, though prior service is rendered in Government Polytechnics. The petitioners' claim has been rejected by the Chief Engineer as per Exts.P3, P5, P7 and P8 orders. 3. Subsequent to the filing of the writ petition, the petitioners have preferred appeals before the Board as Exts.P17 to P20, produced along with I.A.No.4128/08. 4. In my view, the matter requires consideration by the Board itself. 5. I heard learned standing counsel for the Electricity Board also. 6. In the circumstances, the writ petition is disposed of directing the 2nd respondent to place Exts.P17 to P20 before the full Board and the Board shall take a decision thereon, in the light of Exts.P9, P10 and P13 W.P.(C).NO.29129/07 :: 3 :: Board orders, within a period of four months from the date of receipt of a copy of this judgment. One among the petitioners shall also be heard in this regard. The petitioners shall produced a copy of this judgment along with a copy of the writ petition before the 2nd respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge