IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 34710 of 2008(F) ------------------------------------- PETITIONER(S): ---------------------- U.SIVARAMAN NAIR AGED 80 YEARS, S/O.KUNJIKUTTY AMMA UPPATH HOUSE, KODASSERY P.O. THRISSUR, RETRENCHED AS STORE SUPPLY KEEPER, PERINGALKUTHU HYDRO ELECTRIC PROJECT. BY ADV. SRI.RENJITH THAMPAN SRI.V.M.KRISHNAKUMAR RESPONDENT(S): ------------------------ 1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY SECRETARY VYDYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER,KSEB ELECTRICAL DIVISION OFFICE CHALAKUDY, THRISSUR DT. ADV. SRI.K.S.ANIL, SC, KSEB FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.34710 of 2008 ------------------------------- Dated this the 25th November, 2008. J U D G M E N T The petitioner, who was employed as Special Cooly during the construction of the Poringalkuthu Hydro Electrical Project in the year 1952 and was retrenched in December, 1953, moved the Kerala State Electricity Board in Ext.P3 application dated 22.8.2008, nearly 55 years after he was retrenched seeking payment of ex-gratia pension under Ext.P2 scheme. Ext.P3 was followed by Ext.P4 representation dated 29.9.2008. By Ext.P5 letter dated 10.10.2008, the second respondent informed the petitioner that he is not eligible for ex-gratia pension and that ex-gratia pension scheme was introduced to provide relief to Government employees in regular service who retire from service on superannuation, but do not have the minimum qualifying service of 10 years, entitling them for payment of statutory pension. Ext.P5 is under challenge in this writ petition, wherein the petitioner also prays for a direction to the respondents to disburse ex-gratia pension to him. W.P.(C) No.34710/2008 2 2. Ext.P1 discloses that the petitioner was only a Special Cooly and that he was retrenched in the year 1953. Ext.P2 scheme applies to regular Government employees who retire from service on attaining the age of superannuation (55 years) but do not have a minimum qualifying service of 10 years, so as to make them eligible for payment of statutory pension. The petitioner admittedly did not retire from service on superannuation. He was a cooly engaged on daily wages. He was retrenched in December, 1953. The petitioner was not a regular employee of the Board who retired from service on superannuation. The petitioner cannot therefore claim payment of ex-gratia pension under Ext.P2 scheme. His request in that regard was therefore rightly rejected by the respondents. The Writ Petition fails and it is accordingly dismissed. P.N.RAVINDRAN, JUDGE nj.