IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 OP.No. 37236 of 2001(G) ----------------------- PETITIONER(S): --------------- K.LALITHA*, AGED 52 YEARS, W/O.K.G.SANKARAN, SENIOR ASSISTANT, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, THRISSUR WEST, PIN - 680 020. * NAME OF the PETITIONER IS CORRECTED AS 'K.N.LALITHA' AS PER ORDER DATED 08/06/2006 IN I.A.NO.7840/06 BY ADV. SRI.K.S.BABU SMT.N.SUDHA RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, VYDHYUDHI BHAVAN PATTOM THIRUVANANTHAPURAM, REP. BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHYUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD., HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM - 695 004. 4. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. ADV. SRI.P.SANTHALINGAM, SC, KSEB FOR R1&3 RRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1TO3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.37236/2001 ORDER ON CMP NO.60936/2001 IN OP NO.37236/2001 DISMISSED. 26/05/2009 SD/- (ANTONY DOMINIC, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE APPOINTMENT ORDER DATED 29/06/1983 ISSUED BY THE ASSISTANT ADMINISTRATIVE OFFICER OF R2. P2 : COPY OF THE CERTIFICATE DATED 13/01/1988 ISSUED BY THE GM (RM), RAW MATERIALS DIVISION, ERNAKULAM OF R2. P3 : COPY OF LETTER DATED 04/08/1989 OF R2. P4 : COLPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE ACCOUNTS OFFICER, P.F. SECTION, OFFICE OF the FINANCIAL ADVISER & CHIEF ACCOUNTS OFFICER, KSE BOARD, THIRUVANANTHAPURAM. P5 : COPY OF LETTER DATED 04/09/1993 ISSUED BY the EXECUTIVE ENGINEER ADDRESSED TO R2. P6 : COPY OF ORDER DATED 12/02/1992 ISSUED BY R1. P7 : COPY OF ORDER DATED 12/01/2000 ISSUED BY SECRETARY OF KSE BOARD. P8 : COPY OF LETTER DATED 21/06/1999 ISSUED BY THE EXECUTIVE ENGINEER, KSEB, THRISSUE TO THE ACCOUNTS OFFICER (PENSION AUDIT) OFFICE OF the CHIEF INTERNAL AUDITOR, THIRUVANANTHAPURAM OF R1 BANK. P9 : COPY OF LETTER DATED 30/10/1999 ISSUED BY THE ACCOUNTS OFFICER (PENSION AUDIT) UNDER R3. P10 : COPY OF REPRESENTATION DATED 29/11/1999 SENT BY THE PETITIONER TO THE SECRETARY OF R1 BOARD. P11 : COPY OF LETTER DATED 07/12/1999 OF EXECUTIVE ENGINEER, KSEB, ELECTRICAL DIVISION, THRISSUR. P12 : COPY OF LETTER NO.ESTT.IV/6787/99/5061/19/05/2000 ISSUED BY DEPUTY SECRETARY FOR SECRETARY OF R1. P13 : COPY OF ORDER DATED 12/01/2000 OF R1. P14 : COPY OF GOVERNMENT ORDER DATED 02/02/2001 ISSUED BY THE FINANCE SECRETARY TO GOVERNMENT. P15 : COPY OF ORDER DATED 01/09/2005 OF R1 BANK. OP NO.37236/2001 RESPONDENT'S EXHIBITS R1(a) : COPY OF ORDER NO.B.O.NO.ESTT.IV/16033/87 DATED 25/07/89 ISSUED BY KSE BOARD. R1(b) : COPY OF ORDER NO.G.O.(P) NO.869/87/FIN. DATED 31/03/1987 ISSUED BY GOVERNMENT OF KERALA. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- O.P.No.37236 of 2001 --------------------------------- Dated, this the 26th day of May, 2009 J U D G M E N T The petitioner commenced service as a Lower Division Clerk under the 2nd respondent from 08/07/1983. Ext.P1 is the order of appointment. She continued her service till 13/01/1988. In the meanwhile, she got selected as Cashier under the 1st respondent, and pursuant to the appointment order that was issued, she joined the services of the 1st respondent on 14/01/1988. It is stated that she is continuing under the 1st respondent. 2. The claim in this original petition is that the petitioner should be held entitled to pensionary benefits from the 1st respondent reckoning the services rendered under the 2nd respondent for the period from 08/07/1983 to 13/01/1988. In support of this contention, the petitioner refers to Ext.P4, where the Executive Engineer called for the petitioner's service book from the 2nd respondent on the basis that she is entitled to have her services under the 2nd respondent also reckoned for pensionary benefits. OP No.37236/2001 -2- 3. However, the Board took a contrary view in Exts.P9 & P12 that the services under the 2nd respondent being a non-pensionable one, cannot be reckoned for pensionary purposes. This findings in Exts.P9 & P12 are sought to be challenged by the petitioner placing reliance on Exts.P6, P7, P13, P14 & P15 orders issued by the Board and the Government. 4. Admittedly, the services rendered by the petitioner under the 2nd respondent was a non-pensionable service. The liability of the Board under the orders relied on by the petitioner to count the previous services rendered by her, before commencing services under the Board, is subject to the conditions that the prorata contribution is paid by the previous employer. The question of prorata contribution by the previous employer arises only if the services rendered under the previous employer is a pensionable service. In this case, admittedly, the service under the 2nd respondent was not a pensionable one. If that be so, there arise no question of the 2nd respondent discharging the prorata contribution liability, as contemplated in the orders relied on by the petitioner herself. If that be so, this Court will not be justified in directing the OP No.37236/2001 -3- 1st respondent to count the services rendered by the petitioner under the 2nd respondent for fixing the pensionary entitlement of the petitioner. The original petition fails and is, accordingly, dismissed (ANTONY DOMINIC, JUDGE) jg