IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 3124 of 2004(V) ------------------------- PETITIONER(S): --------------- C.SUNDARESAB NAIR, LINEMAN GRADE II (RETIRED) ELECTRICAL MAJOR SECTION, ATTINGAL, MURUKKARAVILA VEEDU, KOTTIYODU, ATTINGAL, THIRUVANANTHAPURAM BY ADV. SRI.K.A.ABRAHAM SRI.S.S.NAIR SRI.BIJU MARTIN RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, EKLECTRICAL DIVISION, K.S.E.B., ATTINGAL. 4. THE ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, K.S.E.B., ATTINGAL. ADV. SRI.A.SUDHI VASUDEVAN, SC, KSEB FOR R1TOR4 SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON 21/12/2009 DELIVERED THE FOLLOWING: APPENDIX Ext.P1. Photocopy of the order No. BO EA/III/16906 DT.22.7.1974 Ext.P2. True copy of the proceedings NO.B.O. No .B Dis.18453/70 dt.29.8.1970. Ext.P3. Photocopy of the letter NO.EB4(a)/86/Mic. dt.2.5.1991. Ext.P4. Photocopy of the judgment dt.8.11.1991 in O.P.No.9915/91. Ext.P5. Photocopy of the relevant extracts of the seniority list of Line Assistant(Lineman Grade I as on 1.4.1991.) Ext.P6. Photocopy of the Order No. GB/Disc./94-95/64 dt.26.5.1999. Ext.P7. Photocopy of the promotion order dt.11.2.1997 of the Chief Engineer Electrical General. Ext.P8. Photocopy of the Order. BO No.96/2001(Estt) I-267/2000 dt.10.1.2001. Ext.P9. Photocopy of the proceedings No.EB4/Relieving memo 03/04/73 dt. 31.5.2002. Ext.P10. Photocopy of the proceedings No. PA XIV/30877 dt.24.9.2003. // true copy // P.S to Judge ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.3124 OF 2004 (V) -------------------------------------------------- Dated this the 21st day of December, 2009 J U D G M E N T The prayer sought for in this writ petition is to quash Ext.P8 and to direct the respondents to fix the pay of the petitioner in the scale of Lineman Gr.I with effect from 1.4.1982 and Overseer (Electrical) with effect from 12.2.1997and to refix his retirement benefits accordingly. Consequential reliefs are also sought for. 2. Facts of the case are that while the petitioner was working as a Lineman Gr.II under the respondents, he was sanctioned leave without allowance for continuing employment abroad by Exts.P1 and P2 orders for the period from 22.7.1974 to 24.3.1977. Accordingly, he went abroad and while remaining there, he applied for extension of leave for 7 years from 25.3.1977 to 24.3.1984. There was no response to the application for extension and on expiry of the leave he reported for duty on 25.3.1984. However, he was not permitted to resume duties. 3. While the petitioner was thus remaining outside, on 2.5.1991, the Chief Engineer issued Ext.P3 to the Secretary of the Board, informing that on expiry of the leave on 24.3.1984, WPC.No. 3124/04 :2 : petitioner has been seeking readmission and the Board did not allow his request. In this letter, the Chief Engineer reported that as a result of the refusal to admit the petitioner to duty he was remaining outside and that as there was no disciplinary proceedings he was entitled to be readmitted to duty. Even thereafter no progress was made and therefore the petitioner approached this Court by filing O.P.No.9915/91. That Original Petition was disposed of by Ext.P4 judgment rendered on 8.11.1991. Accordingly he was permitted to resume duty as Lineman Gr.I with effect from 18.11.1991. 4. Thereafter, petitioner was promoted as Lineman Gr.I with effect from 1.4.1982. While so, disciplinary proceeding were initiated on the allegation of unauthorized absence which culminated in Ext.P6 order withholding one increment and that too without cumulative effect. He was thereafter promoted as Overseer(Electrical) by Ext.P7 and subsequently by Ext.P8, his absence for the period from 25.3.1977 to 17.11.1991 was regularized as leave without allowance and that the period will not be counted for any purpose including pension. Accordingly, petitioner continued in service and on attaining the age of WPC.No. 3124/04 :3 : superannuation, retired on 31.5.2003. 5. In this writ petition the main contention raised by the petitioner is regarding the reckoning of the period from 25.3.1977 to 18.11.1991, when he was allowed to resume duty. As is evident from Ext.P3, proceedings of the Chief Engineer, petitioner has been seeking readmission to duties since 1984. That factual finding of the Chief Engineer still remains. If that be so, petitioner cannot be visited with any consequences for the respondents' own act in having kept him outside for period till 18.11.1991. Therefore, to that extent, regularization of his absence for the period subsequent to 25.3.1984 when the petitioner reported for duty could not have been excluded from all purposes including pension. 6. Therefore, I am inclined to think that the petitioner should succeed if not for the period from 1977, at least from 25.3.1984 till 17.11.1991, when the petitioner resumed duties. 7. For the aforesaid reasons, Ext.P8 stands set aside and the respondents are directed to refix the petitioner's terminal benefits reckoning the period from 25.3.1984 to 17.11.1991. On this basis, absence shall be regularized and the period shall be WPC.No. 3124/04 :4 : reckoned for all benefits. His benefits shall be disbursed as expeditiously as possible and at any rate within weeks from the date of production of a copy f the judgment. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/