IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 33239 of 2008(F) -------------------------------------- PETITIONER(S): ---------------------- M.R. GOPALAKRISHNAN NAIR MADATHIL HOUSE, KADAMUKKU, MAMOODU P.O., PATHANAMTHITTA. BY ADV. MR.JACOB P.ALEX RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP. BY ITS CHIEF SECRETARY GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY DEPARTMENT OF POWER ,GOVT.SECRETARIAT THIRUVANANTHAPURAM. 3. KERALA STATE ELECTRICITY BOARD REP. BY ITS SECRETARY, VYDHUTHI BHAVANAM, PATTOM THIRUVANANTHAPURAM. 4. ASSISTANT EXECUTIVE ENGINEER KSEB, ADOOR DIVISION. R1 & R2 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH R3 & R4 BY ADV. MR. K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 33239/2008-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(RT) NO.225/19/PD DATED 31/08/1998 OF THE 1ST RESPONDENT. EXT.P2: COPY OF THE LETTER BEFORE THE 3RD RESPONDENT ON 15/05/1999. EXT.P3: COPY OF THE LETTER BEARING NO.PSII/862/88/302 DATED 24/03/2000 WRITTEN BY THE SECRETARY OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.P4: COPY OF THE MEMO DATED 30/06/2004. EXT.P5: COPY OF THE LETTERS/REPRESENTATIONS SUBMITTED BY THE PETITIONER ON 31/05/2005, 24/10/2005, 30/12/2005, 26/12/2007, 22/04/2008, 11/06/2008. EXT.P6: COPY OF THE LETTER DATED 16/04/2008 SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT. EXT.P7: COPY OF THE REPLY BERING NO.3332/PS2/08 DATED 16/05/2008 RECEIVED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33239/2008-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of March, 2009 J U D G M E N T The petitioner has approached this Court seeking for a declaration that he is entitled for the benefits covered under Exts.P1 and his service is liable to be regularised along with other employees covered under Ext.P1. 2. The petitioner was appointed as a provisional Lineman/Meter Reader on 08/12/1981 under the Kerala State Electricity Board. The Government as per order dated 31/08/1998 decided to regularise the service of 150 provisional Linemen who were working in the Board from 1981 onwards. The same is produced as Ext.P1. The petitioner avers that a list of 140 persons who were continuing as provisional Linemen/Meter Readers were identified by the third respondent for extending the benefit of Ext.P1 and their services have already been regularised. But his name did not appear in the list prepared by the first respondent. By Ext.P2, way back on 15/05/1999, he requested the third respondent to include his name also in the list. Thereafter, the third respondent conducted an enquiry and found W.P.(C) No.33239/2008 -:2:- that the petitioner was mistakenly not included in the list of employees recommended for regularisation even though he was in service on 1981. By Ext.P3, the Secretary of the K.S.E.B requested the Government to grant approval for regularisation of the petitioner with effect from 31/08/1998. The petitioner was continuing in service anticipating orders on the said request made by the Electricity Board. On attainment of 55 years he retired from service on 30/06/2006. He had been submitting various representations on 31/05/2005, 24/10/2005, 30/12/2005 etc. seeking for the benefits. 3. Since by Ext.P3, the Board had requested the Government to grant approval for regularisation of the petitioner, appropriate action ought to have been taken at that point of time. This is long prior to his retirement. But without getting the said benefit, the petitioner had to retire from service also. 4. However, the petitioner cannot be denied the consequential benefits that is due on such regularisation even though he had retired from service. Therefore, the second respondent will consider Ext.P3 and pass appropriate orders thereon within a period of three months from the date of receipt of the copy of this judgment. The consequential benefits will also be W.P.(C) No.33239/2008 -:3:- sanctioned and will be disbursed to the petitioner expeditiously. Such benefits will be disbursed within a further period of three months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms