IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 RP.No. 419 of 2008(L) --------------------- AGAINST THE JUDGEMENT IN WPC.24059/2005 .................... REVIEW PETITIONERS/RESPONDENTS 1 TO 3 -------------------------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVAN, PATTOM, TRIVANDRUM. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, PATTOM, TRIVANDRUM. 3. THE EXECUTIVE ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN(SR.) SRI.S.SUJIN RESPONDENTS: PETITIONER ----------------------- R.SETHUMADHAVAN, S/O.SANKARAN NAIR, PARIYARATHVEEDU, IRAVIMANGALAM (PO), MALAPPURAM DISTRICT. BY ADV.SRI.V.RAMKUMAR NAMBIAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 15/07/2008, ALONG WITH COC NO. 318 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Review Petition No.419/2008-V and Contempt of Court Case No.318 of 2008-S in W.P.(C) No.24059/2005-L ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 15th day of July, 2008 O R D E R The review petition is filed by respondents 1 to 3 in the writ petition. Respondents 1 to 3, contends that going by the service details of the writ petitioner, he is not entitled to any relief as far as retirement benefits are concerned. The substantial contention is that he was in the habit of absenting himself from duty unauthorisedly and ever since 03/11/1989 till his date of superannuation, 30/09/1999, he continued to be absent. Therefore, the contention raised is that he is a person who has abandoned the service of the Board. As far as the G.P.F is concerned, it is stated that an amount of Rs.50,579/- was sanctioned for payment already. 2. In the judgment, this Court has only directed the respondents to pass orders sanctioning pension, D.C.R.G and other retirement benefits, “if any”, and disburse the same to the petitioner along with the balance amount in the Provident Fund account. In the light of the facts pleaded in the review petition, it will be appropriate that the respondents in the writ petition issue a detailed notice to the Review Petition No.419/2008-V and C.C.C.No.318 of 2008-S in W.P.(C) No.24059/2005-L -:2:- writ petitioner as to why he is not entitled for the retirement benefits as averred in the review petition. The petitioner will be offered a personal hearing in the matter and he will be allowed all opportunity to produce the documents, if any, to support his case also. Therefore, the review petition is disposed of clarifying that the respondents will issue appropriate notice to the writ petitioner within a period of six weeks from today and proceedings thereafter shall be finalised within a further period of three months from the date of issuance of the notice after hearing him. The judgment is modified accordingly. C.C.C.No.318/2008 is closed in the light of the order in R.P.No.419/2008. T.R.RAMACHANDRAN NAIR, Judge ms