IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 19501 of 2010(K) -------------------------- PETITIONERS: ----------------- 1. P.GOPINATHAN, S/O.V.PADMANABHAN, AGED 61 YEARS, T.C.49/325(1), DEVYA DEEPAM, KAMALESWARAM, MANARCAD P.O., (ASSISTANT ENGINEER - KSEB-RETIRED). 2. S.VENKITTARAMAN POTTY, ERAPUTHEN VEEDU, TEMPLE LANE, INDIRA NAGAR, PERURKKODE P.O., THIRUVANANTHAPURAM (ASSISTANT ENGINEER KSEB-RETIRED). 3. D.POULOSE, SMITHA BHAVAN, PARANIYAM, POOVAR P.O., THIRUVANANTHAPURAM (SUPERINTENDENT KSEB-RETIRED). 4. E.JINSON, 'JIJINS' OPP.R.C. LPS UCHIKKADS P.O., PIN 695506 (ASSISTANT EXECUTIVE ENGINEER KSEB-RETIRED). 5. K.SUKUMARAN NAIR, 'KARITHIKA' R.C.STREET, NEYYATINKARA, PIN 695121 (SENIOR SUPERINTENDENT, KSEB-RETIRED). 6. P.LALITHAKUMARI, "SAUMYATHA', H.NO.135, A.K.G.NAGAR, PEROORKADA (SUPERINTENDENT KSEB-RETRIED). BY ADV. SMT.P.K.RADHIKA RESPONDENTS: --------------- 1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VAIDHYUTHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM-4. 2. THE CHIEF ENGINEER, HRMS, VAIDYUTHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM-4. R1 & R2 BY ADV. SRI.ASOK M. CHERIYAN, SC, KSEB BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010, ALONG WITH WPC NO. 28554 OF 2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19501 of 2010 (K) APPENDIX PETITIONERS EXHIBITS. EXT.P1(a) COPY OF THE APPLICATION DATED 1.9.2003 BY THE 1ST PETITIONER. EXT.P1 (b) COPY OF THE APPLICATION DATED 1.12.2003 BY THE 2ND PETITIONER. EXT.P1 (c) COPY OF THE APPLICATION DATED 1.12.2003 BY THE 3rd PETITIONER EXT.P1 (d) COPY OF THE APPLICATION DATED 1.1.2006 BY THE 4th PETITIONER EXT.P1 (e) COPY OF THE APPLICATION DATED 1.6.2003 BY THE 5th PETITIONER EXT.P1 (f) COPY OF THE APPLICATION DATED 1.10.2003 BY THE 6th PETITIONER EXT.P2 COPY OF THE ORDER IS DATED 11.11.2008. EXT.P3 (a) COPY OF THE REVISED PENSION ORDER BY THE SECOND RESPONDENT TO THE 1ST PETITIONER DATE 13.7.2009. EXT.P3 (b) COPY OF THE REVISED PENSION ORDER BY THE SECOND RESPONDENT TO THE 2ND PETITIONER DATED 13.12.2005. EXT.P3 (c) COPY OF THE REVISED PENSION ORDER BY THE SECOND RESPONDENT TO THE 3rd PETITIONER DATED 23.6.2009. EXT.P3 (d) COPY OF THE REVISED PENSION ORDER BY THE SECOND RESPONDENT TO THE 4th PETITIONER DATED 29.7.2009. EXT.P3 (e) COPY OF THE REVISED PENSION ORDER BY THE SECOND RESPONDENT TO THE 5TH PETITIONER DATED 7.5.2009. EXT.P3 (f) COPY OF THE REVISED PENSION ORDER BY THE SECOND RESPONDENT TO THE 6th PETITIONER DATED 17.4.2009. RESPONDENTS EXHIBITS. : Nil P.S. TO JUDGE /TRUE COPY/ vk S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos. 19501 & 28554 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of September, 2010 J U D G M E N T The petitioners in these two writ petitions are employees of the Kerala State Electricity Board. They retired from service on various dates subsequent to 01.07.2003. They got commutation of pension as part of the retirement benefits. After their retirement, pay revision was implemented for the officers and workmen of K.S.E.B with retrospective effect. The petitioners' grievance in these writ petitions is that the petitioners have not been given arrears of commutation of pension on the basis of the revised pay. According to the petitioners, the question as to whether in respect of persons who have retired from 01.07.2003 to 31.08.2007, the commutation value of pension has to be revised in accordance with the revised pay has been considered by a learned Judge of this court in W.P. (C) Nos.26661/2009 and connected cases and the W.P.(C)Nos. 19501 & 28554 of 2010 -2- learned Judge has held that such persons are also entitled to revised benefits of commutation of pension on the basis of the revised pay. 2. I have heard the learned standing counsel appearing for the KSEB also. It is not disputed before me that, the issue involved in this writ petition is squarely covered by the decision of the learned Judge in the above said cases. That being so, the petitioners are entitled to the benefits prayed for in these two writ petitions. Accordingly these writ petitions are disposed of with a direction to the respondents to disburse the petitioners' arrears of commutated value of pension on the basis of the revised pay as expeditiously as possible at any rate within a period of three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/