IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 9005 of 2006(V) -------------------------------------- PETITIONER: --------------------- A.J.ABDUL WAHAB, ASSISTANT ENGINEER (RETIRED), KERALA STATE ELECTRICITY BOARD, M-10-4, INDIRA NAGAR, PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.A.G.GIRISH KUMAR RESPONDENTS: ------------------------- 1. KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE CHIEF ENGINEER, HRM, KERALA STATE ELECTRICITY BOARD, VAIDHYTHI BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.ANIL, SC, KSEB SRI. ASOK M.CHERIYAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.9005/2006 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DTD.11/02/1999. EXT.P2: COPY OF THE LAWYER NOTICE SENT TO THE 1ST RESPONDENT DTD. 28/02/2000. EXT.P3: COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DTD.11/12/2000. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DTD. 20/10/2005. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.9005 of 2007 ------------------------- Dated this the 25th day of January, 2008. JUDGMENT The facts revealed from the pleadings of the case suggests a grievance entertained by the petitioner regarding the unjustified delay on the part of the Electricity Board in disbursing the retirement benefits as also monetary benefits due to him by way of eligible salary during the period when he was in service as also benefits of pay revisions and consequential arrears of salary. Petitioner claims two grade promotions and leave salary as well. Apparently, there has been considerable delay. It is stated in paragraph 4 of Ext.R2 as follows: “It is submitted that the petitioner joined service of the KSEB as First Grade Overseer on 12.09.1968 and was promoted and joined as Assistant Engineer on 18.09.1978. The petitioner retired from service on 31.05.1997 from 110 KV Sub Station, Nedumangad. It is submitted that, the petitioner while working at Electrical Division, Trivandrum, was transferred to Transmission Circle, Kottarakkara. The petitioner joined duty W.P.(C).NO.9005/06 :: 2 :: on 16.07.1987 and worked upto 25.09.1987 FN. The petitioner was unauthorisedly absent for duty from 25.09.1987 to 25.02.1990. It is submitted that, disciplinary action was initiated against the petitioner and the same was finalised. Later the incumbent had reported for duty only on 26.02.1990, at 110 KV Sub Station, Nedumangad under Transmission Circle, Kottarakkara. It is submitted that, the Deputy Chief Engineer, Transmission Circle, Kottarakkara, reported that, the petitioner has been paid salary and allowances from 2/1990 to 4/1997. It is also submitted that, in the meanwhile the Service Book of the petitioner was also misplaced. The same has now been traced out. It is submitted that directions have been given to the Deputy Chief Engineer, Transmission Circle, Kottarakkara, to examine the claim of the petitioner and if any claim is pending, the same be disbursed at the earliest. It is submitted that regarding the pensionery claims, it is to be noted that, the Deputy Chief Engineer, Transmission Circle, Kottarakkara, vide letter dated 02.05.2007 has reported that the petitioner has not submitted any application for pension yet. It is submitted that, as per Rule 110 of Part III Kerala Service Rules, every employee has to submit his formal application for pension at least one year in advance of the date ofhis anticipated retirement.” W.P.(C).NO.9005/06 :: 3 :: 2. Learned counsel for the petitioner submits that during the pendency of the writ petition, pursuant to direction issued in that regard by the Deputy Chief Engineer, he has submitted his pension papers and the same is being processed. 3. Learned standing counsel for the Electricity Board submits that steps will be taken to disburse the benefits due to the petitioner at the earliest. In the result, the writ petition is disposed of directing the 2nd respondent to quantify the benefits due to the petitioner arising from his claim for eligible salary from 25.09.1987 to 25.02.1990, including any benefit consequent upon pay fixation, arrears of salary, if any, from 26.2.1990 to 30.05.1997, last month's salary of May, 1997, the benefits consequent upon grade promotion and earned leave surrender, if applicable and otherwise admissible within a period of six weeks from the date W.P.(C).NO.9005/06 :: 4 :: of receipt of a copy of this judgment. The petitioner shall produce a statement showing the benefits due to him and shall produce a copy of this judgment before the 2nd respondent within three weeks from today. The 2nd respondent shall also finalise the pension papers of the petitioner and disburse the retirement benefits due to the petitioner within two months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//