IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 OP.No. 21427 of 1999(A) ---------------------------------- PETITIONER: ------------------- N. THULASIDHARAN, DIVISIONAL ACCOUNTANT (AUDIT CELL), OFFICE OF THE CHIEF INTERNAL AUDITOR, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 004. BY ADV. SRI.B.RAGUNATHAN. RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD (KSEB), REPRESENTED BY THE SECRETARY, K.S.E.B., VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 004. 2. CHIEF ENGINEER (ELECTRICAL) (HRM), K.S.E. BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, K.S.E. BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 004. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB, ADV. SRI.N.D.PREMACHANDRAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 35347/1999 IN O.P. NO. 21427/1999-A DISMISSED 13/02/2008. SD/- P.N.RAVINDRAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER NO. GB3/924/71 DT. 03/06/1975 OF THE SUPERINTENDING ENGINEER, ELECTRICAL CIRCLE, THIRUVANANTHAPURAM. EXT.P.2: COPY OF THE ORDER NO. VIG. A. III/1757/88 DT. 02/07/1988 OF THE R.1. (INSPECTOR GENERAL OF POLICE, VIGILANCE & SECURITY). EXT.P.3: COPY OF THE PETITION DTD. 03/12/1997 TO THE CHAIRMAN, KSEB. EXT.P.4: COPY OF THE ORDER NO. VIG.AIV. 4647/97 DT. 23/03/1998 OF THE CHAIRMAN, KSEB. EXT.P.5: COPY OF THE NOTE OF THE R.3. TO THE R.1. NO. FIXN. I/98/296 DT. 12/11/1998. EXT.P.6: COPY OF THE REPRESENTATION DT. 06/01/1999 TO THE R.1. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.21427 OF 1999-A -------------------------------------------------------------- Dated this the 13th day of February, 2008. JUDGMENT The petitioner joined service as Lower Division Clerk in the Kerala State Electricity Board (hereinafter referred to as the Board for short) on 19.12.1968. He was promoted as Senior Assistant on 24.2.1974, as Senior Superintendent in July, 1990 and as Divisional Accountant in February, 1993. The petitioner retired from service on 31.8.1999 on attaining the age of superannuation. 2. While the petitioner was in service as Lower Divisional Clerk he was deployed to work as Cashier in the Electrical Section, Mayyanad. In respect of certain irregularities noticed in the discharge of his duties as Cashier, disciplinary action was initiated against the petitioner. By Ext.P1 order dated 3.6.1975 the Superintending Engineer of the Board, imposed on the petitioner the punishment of barring increment for a period of one year with cumulative effect. The disciplinary authority also ordered recovery of the loss sustained by the Board after adjusting the amount remitted by the petitioner. The pleadings in the case disclose that O.P.No.21427/1999 . 2 the money involved was below Rs.100/=. 3. The petitioner unsuccessfully challenged Ext.P1 in appeal before the Chief Engineer. A further appeal to the Chairman of the Board was also rejected as early as on 2.7.1988. Long thereafter, the petitioner filed Ext.P3 representation dated 3.12.1997 before the Chairman of the Board seeking re- consideration of the order imposing penalty. By Ext.P4 order passed on 23.3.1998, after hearing the petitioner on 12.2.1998, the Chairman of the Board ordered as follows: “6. However, as an act of Mercy, the punishment of barring one increment with cumulative effect is dropped. This order will have prospective effect from the date of this order. 7. The punishment awarded by the Deputy Chief Engineer, Ele. Circle, Trivandrum and confirmed by the Chief Engineer (Ele. General) is modified accordingly”. 4. The petitioner's grievance is that instead of giving effect to Ext.P4, the Chief Accounts Officer of the Board issued Ext.P5 note denying him the benefit of pay fixation up to 22.3.1998 and payment of arrears of salary after such fixation from 23.3.1998 to 31.8.1999. O.P.No.21427/1999 . 3 The petitioner thereupon filed Ext.P6 representation dated 6.1.1999 before the Secretary of the Board and thereafter filed this original petition seeking the following reliefs: “(i) issue a writ of mandamus or other appropriate writ, direction or order to the respondents to implement Ext.P4 in its letter and spirit by granting the increment of the petitioner which was barred on 25.2.1976, in pursuance of Ext.P1, regularise and refix his pay and give the monetary benefits accordingly and further to allow the petitioner to submit re-option on that basis; (ii) issue a writ of certiorari or other appropriate writ, direction or order calling for the records leading to Ext.P5 and quash the same.” 5. I heard Sri.B. Raghunathan, the learned counsel appearing for the petitioner and Sri.C.K. Karunakaran, the learned Standing Counsel appearing for the respondents. The learned counsel for the petitioner submitted with reference to Ext.P4 that unless monetary benefits are disbursed to him with effect from 23.3.1998 by giving him notional increments with effect from the date on which it was barred by Ext.P1, the relief granted by Ext.P4 will be rendered meaningless. The learned counsel submitted that the O.P.No.21427/1999 . 4 Chairman of the Board had dropped the punishment of barring increment with cumulative effect and hence if the stand taken in Ext.P5 is accepted, it will result in denial of the benefits granted to the petitioner under Ext.P4. Per contra, the learned Standing Counsel appearing for the respondents contended that on a plain reading of Ext.P4, the petitioner is not entitled to any such relief. The learned Standing Counsel for the respondents submitted that the petitioner can have his increment fixed only with effect from 23.3.1998 and that he cannot seek refixation of pay, ignoring the punishment imposed under Ext.P1. 6. I have considered the rival contentions. It is evident from the operative portion of Ext.P4 that the punishment of barring of one increment with cumulative effect, imposed on the petitioner, was dropped. If one were to accept the stand of the Board reflected in Ext.P5 and in the submissions made at the Bar by the learned Standing Counsel for the respondents, the order passed by the Chairman will have no effect. With the passing of Ext.P4, Ext.P1 order whereby the punishment of barring one increment was imposed on the petitioner ceased to have any effect and stood effaced. If that be so, the petitioner is entitled to have his periodical O.P.No.21427/1999 . 5 increments sanctioned, pay fixed and revised accordingly and also claim the benefit of periodical pay revisions. But on the terms of Ext.P4 he will not be entitled to any monetary benefits for the period upto 23.3.1998. The petitioner will be entitled for payment of arrears only from 23.3.1998 till his retirement on 31.8.1999. The direction in Ext.P4 that the order will have prospective effect from 23.3.1998 can only be understood in that manner. Any other interpretation placed on Ext.P4 will result in denial of the relief granted by the Chairman of the Board to the petitioner. In that view of the matter, I quash Ext.P5 and hold that the petitioner is entitled to have his pay fixed ignoring Ext.P1 up to 23.3.1998. This should be done taking note of the periodical pay revisions if any. The petitioner would not be entitled for payment of arrears of salary and allowances based on such fixation for the period up to 23.3.1998. The petitioner will be entitled to payment of arrears of salary only for the period from 23.3.1998 till his retirement on 31.8.1999. Needless to say, the terminal benefits payable to the petitioner shall also be revised accordingly. The respondents shall give effect to the directions contained in this original petition within a period of three months from today. O.P.No.21427/1999 . 6 The original petition is allowed as above. No costs. P.N. RAVINDRAN, JUDGE. cl O.P.No.21427/1999 . 7 P.N. RAVINDRAN, J. O.P.NO.21427 OF 1999-A JUDGMENT 13th February, 2008. O.P.No.21427/1999 . 8