IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 OP.No. 30218 of 2002(V) ----------------------- PETITIONER: --------------- K.K.JOSEPH, DISTRICT PROBATION OFFICER, THIRUVANANTHAPURAM. BY ADV. SRI.P.CHADRASEKHAR RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENTOF KERALA, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A & E), KERALA, P.B.NO.5607, THIRUVANANTHAPURAM. 4. THE KERALA STATE ELECTRICITY BOARD, VYDYUTI BHAVAN, PATTAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SMT.NISHA BOSE FOR R1TO3 SRI.C.K.KARUNAKARAN,SC,KSEB FOR R4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.51168/02 IN OP.NO.30218/02 //DISMISSED// 22.7.11 SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) APPENDIX IN O.P.NO.30218/02 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF PETITION DT.29.1.96 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF LETTER NO.ESTT.IV/5235/92 DT.16.2.96 OF THE 4TH RESPONDENT. EXT.P3: TRUE COPY OF ORDER GO(RT)NO.1991/99/GAD DT.10.3.99 OF THE GOVERNMENT. EXT.P4: TRUE COPY OF ORDER GO(RT)NO.5456/88/FIN. DT.1.9.88 OF THE 1ST RESPONDENT. EXT.P5: TRUE COPY OF PETITION DT.14.2.01 SUBMITTED BY THE PETITIONER TO THE HON'BLE CHIEF MINISTER OF KERALA. EXT.P6: TRUE COPY OF LETTER NO.44392/PEN.B2/02/FIN. DT.6.9.02 OF THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF GO(P)NO.369/87/FIN. DT.31.3.87. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- Original Petition No.30218 Of 2002 -------------------------------------------------- DATED THIS THE 22ND DAY OF JULY, 2011 J U D G M E N T The petitioner, who has been working as District Probation Officer is seeking for a declaration that he is entitled to pension and other retirement benefits on his retirement from the State service reckoning his past service in the KSEB. Accordingly, a revision of the pension and retirement benefits are sought for. 2. The petitioner's service in the KSEB is from 4.5.1973 to 13.10.1986 and he joined the Kerala State Service on 14.10.1986. 3. The legal issue raised by the petitioner is covered against him in the light of the decision of the Division Bench of this Court in Babu P.K. v. The Chief Engineer, KSEB & Others (2007(1)KLJ 35) wherein the Division Bench has taken the view that there is no rule to count the service put in Kerala State Electricity Board by a person before his O.P.No.30218/02 -2- joining in Government service, as qualifying service for the purpose of computing pension due from Government, on his retirement. In that view of the matter, the Original Petition fails and the same is dismissed. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn