IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 30809 of 2007(P) --------------------------------------- PETITIONER(S): ------------------------- RAJUKUMAR G., ASSISTANT ENGINEER, 220 K.V. SUB STATION KUNDARA,KOLLAM, RESIDING AT; 'RAJUVILASOM', PERUMPUZHA P.O., KOLLAM. BY ADV. SRI.M.V.THAMBAN SRI.V.K.SATHYANATHAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. CHIEF ENGINEER (HRM) VYDYUTHI BHAVAN, THIRUVANANTHAPURAM. 4. THE ACCOUNTS OFFICER, (PENSION AUTHORISATION) KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM. R2 TO R4 BY ADV. SRI.K.S.ANIL, SC, KSEB R2 TO R4 BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB R2 TO R4 BY ADV. SRI.PULIKOOL ABUBACKER, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.30809/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELIEVING ORDER DTD 27.11.2000. P2:- COPY OF THE GO(P) NO.228/2000/FIN DTD 2.2.2001. P3:- COPY OF THE BOARD ORDER DTD. 1.9.2005. P4:- COPY OF THE REPRESENTATION DT. 14.10.2005 BY THE PETITIONER. P5:- COPY OF THE LETTER DTD. 1.3.2006. P6:- COPY OF THE BOARD ORDER NO.BO(F.M.) NO.3261/2004/2913/2004 DTD 21.12.2004. P7:- COPY OF THE G.O.(P) NO.369/87/FIN.T DTD. 31.3.1987. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE BOARD ORDER DT. 21.12.2004. R3(b):- COPY OF THE BOARD ORDER DT. 11.7.2003. R3(c):- COPY OF THE GOVT. ORDER DT. 6.1.2003. TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 30809 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th day of August, 2011. J U D G M E N T After putting in service in the Municipal Common Service from 25.11.1983 27.11.2000, the petitioner got appointment as Assistant Engineer in the Kerala State Electricity Board and he joined duty on 28.11.2000. The petitioner is continuing in the service of the Kerala State Electricity Board. The petitioner seeks counting of his service in the Municipal Common Service for the purpose of calculating retirement benefits due to the petitioner in the Kerala State Electricity Board. The petitioner relies on various orders to prove that the petitioner is entitled to the said relief. This is opposed by the Board. Their contention is that even if the service in the Municipal Common Service can be reckoned, the petitioner has to pay pro-rata pension contribution payable in respect of his service in the Municipal Common Service. Having heard both sides, I dispose of this writ petition with a direction to the respondents to reckon the petitioner's service in the Municipal Common Service for the purpose of retirement benefits in the Kerala State Electricity Board, if the petitioner pays the pro-rata pension contribution payable in respect of his service in the Municipal Common Service. The Board shall inform the petitioner the amount of pro-rata pension W.P(C) No. 30809 of 2007 -: 2 :- contribution due and appropriate orders in that regard shall be passed within one month from the date of receipt of pro-rata pension contribution. Sd/- S. Siri Jagan, Judge. Tds/