IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 6057 of 2010(F) ------------------------- PETITIONER: --------------- V.N.GOPI, RETIRED SENIOR SUPERINTENDENT, KSEB, GENERATION CIRCLE, MEENCUT, CHITHIRAPURAM, (RESIDING AT VAYALUMKARA HOUSE, CHITHIRAPURAM.P.O, IDUKKI). BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENTS: ---------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, HRM, KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. --------------------------- W.P.(C). No. 6057 OF 2010 -------------------------- Dated this the 22nd day of March, 2010 J U D G M E N T Petitioner is a retired senior Superintendent of Kerala State Electricity Board. He retired from service on 30.11.2009. While he was working as senior Assistant, one Sri. P.K.Vasu was working as Electrician Grade III at Generation Sub Division, Vellathuval. A dispute arose as to whether Sri. P.K.Vasu has to retire on attaining the age of 55 years or whether he is entitled to continue till 60 years. By Ext.P2 judgment, this Court held that Sri. P.K.Vasu is entitled to continue up to the age of 60 years. The Board filed an appeal against that judgment, which was also dismissed. Pursuant to the same, Sri. P.K.Vasu continued in service up to the age of 60 years. On the ground that Sri. P.K.Vasu continued till the age of 60 years only because of the dereliction of duty of the Deputy Chief Engineer, the Board fixed an amount of Rs.1,24,996/- as liability on the Deputy Chief Engineer. That recovery of liability was challenged by the said Deputy Chief Engineer by filing W.P.(C) No.27398/2004. By Ext.P4 judgment, this Court set aside the fixation of liability of Rs.1,24,996/- on the ground that Sri. P.K.Vasu continued in service by virtue of Ext.P2 judgment which was confirmed in appeal by Ext.P3 judgment and therefore the Deputy Chief Engineer cannot be made liable. Subsequent to that, that liability has now been transferred to the petitioner but limiting the amount to Rs.75,210/-. Petitioner is challenging that order. W.P.C. No.6057/2010 2 2. The learned Standing counsel appearing for the Board would contend that as against Ext.P3 judgment, an appeal has been filed before the Supreme Court, which is pending. But he has no case that any stay has been obtained by the Board in that SLP. In the above circumstances, I am of opinion that in so far as this Court has decided the question of liability for overstayal of Sri. P.K.Vasu as per Exts.P2 to P4 judgments, the said liability cannot be fastened on the petitioner also. Accordingly, this writ petition is allowed and the impugned orders are quashed. It is declared that the petitioner is not liable for the amount of Rs.75,210/- on account of the overstayal of Sri. P.K.Vasu. Consequently, the retirement benefits due to the petitioner shall be released without deduction of the said amount of Rs.75,210/-, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE vps W.P.C. No.6057/2010 3 W.P.C. No.6057/2010 4