IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 20836 of 2007(E) ---------------------------------------- PETITIONER(S): -------------------------- V.P.RAJAPPAN PILLAI, SANTHI BHAVAN, MADAPPALLY P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.T.R.JAGADEESH RESPONDENT(S): --------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE ACCOUNTS OFFICER (PENSION SANCTION), KERALA STATE ELECTRICITY BOARD, VIDHYUTHI BHAVAN, THIRUVANANTHAPURAM. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20836/2007E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DISCHARGE CERTIFICATE ISSUED FROM TERRITORIAL ARMY DTD. 8/10/1975. EXT.P2: COPY OF THE REPRESENTATION DTD. 21/07/2006 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3: COPY OF THE LETTER NO.EBPS.XI/1005/2000 DTD. 26/10/2006. EXT.P3(A): COPY OF THE LETTER NO.GBI/PENSION/2006-07/6.12.06/1886/ 7/12/06 DTD. 6/12/2006. EXT.P4: COPY OF THE LETTER DTD. 17/01/2007 SUBMITTED BY THE PETITIONER. EXT.P5: COPY OF THE LETTER FROM MADRAS REGIMENT ISSUED VIDE 10449282/WEL/68/NE 2 DTD. 27/12/1995. EXT.P6: COPY OF THE VERIFICATION CERTIFICATE FORWARDED TO THE SENIOR SUPERINTENDENT, ELECTRICAL MAJOR SECTION, CHANGANACHERRY, KOTTAYAM BY THE MADRAS REGIMENT IN THE YEAR 1995. EXT.P7: COPY OF THE LETTER DTD. 15/01/2007 ADDRESSED TO MADRAS REGIMENT. EXT.P8: COPY OF THE LETTER NO.03141/WEL/147/NE-2(C) DTD. 05/01/2007 ISSUED BY MADRAS REGIMENT. EXT.P9: COPY OF THE JUDGMENT DTD. 15/04/2007 IN WP(C) NO. 8719 OF 2007. EXT.P10: COPY OF THE ORDER NO.EBPS.XI/1005/2000 DTD.10/05/2007. RESPONDENT'S EXHIBIT: EXT.R1(A): COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.20836 of 2007 -------------------------- Dated this the 27th January,2009 J U D G M E N T This writ petition is filed seeking for a direction to the respondents to grant grade promotion and enhanced rate of pension reckoning petitioner's military service towards his civil pension from K.S.E.B. According to the petitioner, he had in his credit a total embodied service of two years and 85 days under the Territorial Army. Petitioner seeks for a direction to the KSEB as noted above to revise the pensionary benefits after counting the earlier service under the Territorial Army. 2. Learned standing counsel for the respondents pointed out that for the very same reliefs, the petitioner had approached this Court earlier by filing O.P No.15329 of 1998 and the original petition was dismissed. The relevant portion of the judgment is extracted below. “The relief sought for in the Original Petition is that the service rendered by the petitioner in Territorial Army, prior to joining the Electricity Board should be counted as W.P ( C) No.20836 of 2007 2 military service for the purpose of grade promotion and pensionary benefits. But in view of Rule 2 (9A) of Part I of the Kerala State and Subordinate Services Rules service in the Territorial Army cannot be reckoned as military service. Therefore, the Original Petition is devoid of any merit and the same is accordingly dismissed”. Since the relief sought for in this writ petition stands rejected by the earlier judgment of this Court, the writ petition is not maintainable. Learned counsel for the petitioner submitted that the said judgment will not bind the petitioner in view of subsequent communications. When there is a clear finding in the earlier judgment, on the same claim, against the petitioner which has become final, a second writ petition cannot be entertained. Hence the same is dismissed. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.20836 of 2007 3 W.P ( C) No.20836 of 2007 4