IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 6103 of 2009(G) -------------------------------------- PETITIONER(S): ------------------------ M.S.VASUDEVAN, AGED 59 YEARS (LINEMAN GRADE I , RETIRED , KSEB), S/O.SREEDHARAN, MARUTHOLIL, POTTANKAD, CHITHIRAPURAM VIA, IDUKKI DISTRICT. BY ADVS.MR.M.SASINDRAN MR.V.VENUGOPAL RESPONDENT(S): -------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KODUNGALLUR. 3. THE CHIEF ENGINEER (H.R.M), PENSION SECTION, KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. R1 TO R3 BY ADV. MR.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.6103 of 2009-G ------------------------------ Dated this the 17th day of June, 2009. J U D G M E N T Heard Sri.M.Sasindran, the learned counsel appearing for the petitioner and Sri.K.S.Anil, the learned standing counsel appearing for the respondents. 2. The petitioner is a pensioner. He retired from service on 31.3.2004, while he was working as Lineman Gr.I in the Kerala State Electricity Board. The petitioner commenced regular service as Mazdoor in the Kerala State Electricity Board, on 17.4.1986. Prior to that, he had served as CLR worker in the Kerala State Electricity Board during the period from 25.7.1980 to 16.4.1986. On retirement, the terminal benefits were sanctioned and disbursed to the petitioner, without reckoning the CLR Service. The petitioner's grievance is that when the 1998 and subsequent pay revisions were implemented in the Board, the CLR service rendered by him during the period from 25.7.1980 to 16.4.1986 was not reckoned for the purpose of pay fixation. Aggrieved thereby the petitioner has moved the second respondent by submitting Ext.P9 representation. When no orders were passed thereon , this writ petition was filed seeking the following reliefs: "i) to issue a writ of mandamus directing the respondents to grant the pension, re-fixing the same by W.P(C) No.6103 of 2009-G 2 reckoning the CLR service rendered by the petitioner from 25.7.1980 to 16.4.1986 also as qualifying service for pension. ii) to declare that the petitioner is entitled to count his CLR service as qualifying service for pension and other benefits. iii) to issue a writ of mandamus directing the respondents to pay interest @ 18% per annum from the date of retirement to the date of disbursement of the enhanced rate of pension reckoning his CLR service. iv) to set aside Ext.P2 order in so far as it does not reckon the CLR service rendered by the petitioner. v) to issue a writ of mandamus directing the second respondent to consider and pass appropriate orders on Ext.P9 representation submitted by the petitioner, within one month." 3. When this writ petition came up for admission today, Sri.K.S.Anil, the learned standing counsel appearing for the respondents submitted that though when the 1998 and subsequent pay revision orders were implemented in the Board, the CLR service rendered by the petitioner was not reckoned for the purpose of pay fixation, the third respondent has directed the Executive Engineer, Electrical Division, Kodungalloor to revise the pay and allowances sanctioned to the petitioner by counting the CLR service also and to revise his pensionary benefits at the earliest. In my opinion since the third respondent had already directed the second respondent to redress petitioner's grievance, no further orders are called for in this writ petition except to direct the second respondent to implement the directions issued by the third respondent and to revise and re-fix the petitioner's pay and allowances W.P(C) No.6103 of 2009-G 3 and pensionary benefits by reckoning the CLR service rendered by him. Final orders in the matter shall be passed and monetary benefits disbursed within four months from the date of receipt of a certified copy of this judgment from the petitioner. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab