IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 19711 of 2005(V) --------------------------------------- PETITIONER(S): ----------------------- 1. K. RAJASEKHARAN NAIR, RTD. ASSISTANT ENGINEER, K.S.E.BOARD, KADAKKALETHU HOUSE, KOZHENCHERRY EAST P.O. PATHANAMTHITTA DIST. 2. T.P. ABDUL KAREEM, RTD.ASST.EXECUTIVE ENGINEER, K.S.E. BOARD, THURUTHIKATTIL HOUSE, KUTTAMASSERI, THOTTUMUKHAM P.O. ALUVA- 5. 3. N. CHELLAMMA, RTD. ASST. ENGINEER, K.S.E.BOARD, T.C. 2/1971, ADARSH NAGAR, POTTAKKUZHI, PATTOM, THIRUVANANTHAPURAM. 4. V. VASUMATHI, RETIRED ASST.ENGINEER, K.S.E.BOARD, SREEVAS, PALACE ROAD, NEAR GOVT. HOSPITAL, VAKKOM. 5. K.V. SATHEESA BABU, RETIRED ASST. ENGINEER, K.S.E.BOARD, ARCHANA, MAYYANAD P.O. KOLLAM DISTRICT. 6. S.VANAJA DEVI, RETIRED ASST. EXECUTIVE ENGINEER, K.S.E.BOARD, KALLUNKAL HOUSE, KANJIKUZHY, KOTTAYAM- 4. 7. M. KRISHNA PILLAI, RETIRED ASST.EXECUTIVE ENGINEER, K.S.E.BOARD, RAJEEVAM, CHELAMATTOM, OKKAL PO, PERUMABVOOR. 8. C.N. GOPALAKRISHNAN NAIR, RETIRED ASST. ENGINEER, K.S.E.BOARD, NIRMALYAM, MULAVOOR P.O. MOOVATTUPPUZHA. 9. K.V. POULOSE, RETIRED ASST.ENGINEER, K.S.E.BOARD, KALLAPPARA HOUSE, KUMARAPURAM P.O. ERNAKULAM DISTRICT. WP(C).No. 19711 of 2005(V) 10. K.P. AMBIKA DEVI, RETIRED SUB ENGINEER, K.S.E.BOARD, AMBIKALAYAM, PONNARA, KULATHUMMEL, KATTAKKADA P.O. THIRUVANANTHAPURAM -72. 11. K. FATHIMA BEEVI, RETIRED ASST.ENGINEER, K.S.E.BOARD, VARAVILAKATHU VEEDU, MANVILA, KULATHOOR P.O. THIRUVANANTHAPURAM. 12. P.RAGINA, RETIRED ASST. ENGINEER, K.S.E.BOARD, TC 24/1589, METTUKADA ERAKKAM ROAD, THYCAUD, THIRUVANANTHAPURAM. 13. I.C. PAULOSE, RETIRED ASST.EXECUTIVE ENGINEER K.S.E.BOARD, INDIANAKANDATHIL HOUSE, MANACAUD P.O. THODUPUZHA. 14. V.P. MOOSAKUTTY, RETIRED SUB ENGINEER, K.S.E.BOARD, ELAYADATH POYIL, PANNIKOTTUR P.O. VIA. KODUVALLY, KOZHIKODE DISTRICT. 15. K. DHARMARAJAN, RETIRED ASST.ENGINEER, K.S.E.BOARD, JYOTHIR, MAYYANAD P.O. KOLLAM DISTRICT. 16. R. RAJAN, RETIRED ASST.ENGINEER, K.S.E.BOARD, SREYAS, VAYALARIKAM, ULLOOR, MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM. 17. G. SUGATHAN, RETIRED EXECUTIVE ENGINEER, K.S.E.BOARD, AVITTAM, PATTATHANAM P.O. KOLLAM. 18. S. HARIDAS, RETIRED EXECUTIVE ENGINEER, K.S.E.BOARD, PRASANTH, KUTTICAUD JUNCTION, MANACAUD, THIRUVANANTHAPURAM. 19. P.K. PRABHAKARAN, RETIRED ASST.ENGINEER, K.S.E.BOARD, SMITHA GARDENS, KIZHAKKUMMURI, KAVUMBAHGAM P.O. THIRUVALLA. 20. M.K. SATHYASEELAN, RETIRED ASST.ENGINEER, K.S.E.BOARD, ANOORDAS BHAVAN, MURUKKUMPUZHA PO, THIRUVANANTHAPURAM. 21. K.S. GOPALAKRISHNA PILLAI, RETIRED ASST. EXECUTIVE ENGINEER, K.S.E.BOARD, KARUNALAYAM TEMPLE ROAD, MALAYINKEEZH P.O. THIRUVANANTHAPURAM. WP(C).No. 19711 of 2005(V) 22. K. RAMACHANDRAN PILLAI, RETIRED ASST.ENGINEER, K.S.E.BOARD, KAIPPALLIL PADEETATHIL, ERAZHA SOUTH, CHETTIKULANGARA P.O. MAVELIKKARA. 23. N.K. SUKUMARAN NAIR, RETIRED ASST.ENGINEER, K.S.E.BOARD, PRASANTH, THOTTAPPUZHASSERY, MARAMON P.O., THIRUVALLA. 24. T.N. RAJAGOPAL, RETIRED EXECUTIVE ENGINEER, K.S.E.BOARD, TC. 21/230, SCRA 21, SAMAJAM ROAD, KARAMANA P.O. THIRUVANANTHAPURAM. 25. K.R. GOPALAKRISHNAN NAIR, RETIRED ASST. EXECUTIVE ENGINEER, K.S.E.BOARD, GAYATHRI, TC. 50/891, KALADY, KARAMANA P.O. THIRUVANANTHAPURAM. 26. G.SURENDRANATHAN, RETIRED ASST.ENGINEER, K.S.E.BOARD, THUSHARA, PALACHIRA, VARKALA. 27. K.C. JACOB, RETIRED ASST. EXECUTIVE ENGINEER, K.S.E.BOARD, RESMI NIVAS, MAMPALLYKUNNAM P.O. CHATHANNOOR, KOLLAM DISTRICT. 28. T.N. KRISHNA KURUP, RETIRED ASST. EXECUTIVE ENGINEER, K.S.E.BOARD, RACHANA, KANDIYOOR, THATTARAMBALAM P.O. MAVELIKKARA, ALAPPUZHA DIST. 29. LEELAMMA THOMAS, RETIRED ASST. ENGINEER, K.S.E.BOARD, VETTUVELIL, PAKKIL P.O. KOTTAYAM-12. 30. R. PRABHAKARAN NAIR, RETIRED ASST. ENGINEER, K.S.E.BOARD, MANIBAN, ITI LANE, ATTINGAL P.O. THIRUVANANTHAPURAM. 31. A.K. RAVEENDRANATHAN, RETIRED ASST. EXECUTIVE ENGINEER, K.S.E.BOARD, VALLYAMKAL HOUSE, PANTHATHALA, MUTHOLY P.O., PULIANNOOR VIA, KOTTAYAM DISTRICT. 32. C.K. IDICHERIA, RETIRED ASST. ENGINEER, K.S.E.BOARD, MULAMOOTTIL HOUSE, CHOWALLOOR, IDAKKADAM P.O. KOLLAM DISTRICT. BY ADV. SRI.ELVIN PETER P.J., SRI.S.RAMESH, SRI.P.N.SANTHOSH, SRI.NAVEEN.T, SRI.T.G.SUNIL (PRANAVAM), SRI.C.X.ANTONY BENEDICT. WP(C).No. 19711 of 2005(V) RESPONDENT(S): -------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM REPRESENTED BY TIS SECRETARY. 2. THE CHIEF ENGINEER (H.R.M.) K.S.E.BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. SRI.VELAYUDHAN, CHIEF ENGINEER (H.R.M.), K.S.E.BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19711 of 2005(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER, B.O.NO.EB.II.30755/76. DATED 21/01/1977 ISSUED BY THE KSE BOARD. EXT.P2: COPY OF THE ORDER, B.O.NO.EB.II-4529/77, DATED 10/01/1978 ISSUED BY THE KSE BOARD. EXT.P3: COPY OF THE COMMUNICATION NO.EB(C)6/IV/FXN/78. DATED 10/12/1979 ISSUED BY THE CHIEF ENGINEER (CIVIL). EXT.P4: COPY OF THE COUNTER AFFIDAVIT DATED 11TH FEB. 1981 FILED IN O.P. NO. 240/80. EXT.P5: COPY OF THE JUDGMENT DATED 16TH FEB. 1981 IN O.P. NO. 240/80 OF THIS HONOURABLE COURT. EXT.P6: COPY OF THE COMMUNICATION NO.LAV 4547/80. DATED 01/07/1982 ISSUED BY THE SECRETARY, KSE BOARD. EXT.P7: COPY OF THE ORDER, B.O.NO.LAV 4547/80. DATED 07/02/1983 ISSUED BY THE K.S.E. BOARD. EXT.P8: COPY OF THE COMMUNICATION NO.33070/ELA2/83/W&P DATED 01/10/1983 ISSUED BY THE GOVERNMENT. EXT.P9: COPY OF THE COMMUNICATION NO.LAV.4547/80. DATED 20/10/1983 ISSUED BY THE SECRETARY, KSE BOARD. EXT.P10: COPY OF THE LETTER NO.LAV/4547/80. DATED 31/12/1983 ISSUED BY THE SECRETARY, KSE BOARD. EXT.P11: COPY OF THE ORDER (MEMO) NO.EBC (4) 16/81-82 DATED 21/01/1984 ISSUED BY THE CHIEF ENGINEER. EXT.P12: COPY OF THE JUDGMENT DATED 29TH AUGUST 1986 IN O.P. NO. 1455/84 ETC. OF THIS HONOURABLE COURT. EXT.P13: COPY OF THE JUDGMENT DATED 26TH OCTO. 1987 IN O.P. NO. 8415/87 (CONTEMPT) OF THIS HONOURABLE COURT. EXT.P14: COPY OF THE ORDER DATED 11TH JAN. 1988 IN CMP.NO.47/88 IN O.P. NO. 8415/87 (CONTEMPT) OF THIS HONOURABLE COURT. EXT.P15: COPY OF THE ORDER B.O.NO.LA-V/4547/80. DATED 09/11/1987 ISSUED BY THE KSE BOARD. WP(C).No. 19711 of 2005(V) EXT.P16: COPY OF THE ORDER NO.LAC-V/4547/80. DATED 15/01/1988 ISSUED BY THE KSE BOARD. EXT.P17: COPY OF THE ORDER NO.EBC.II/III/PAY FXN. DATED 10/02/1988 ISSUED BY THE CHIEF ENGINEER (C) GL. KSEB. EXT.P18: COPY OF THE JUDGMENT DATED 28TH JUNE, 1988 IN O.P. NO. 2994/83 (CONTEMPT) OF THIS HONOURABLE COURT. EXT.P19: COPY OF THE JUDGMENT DATED 3RD AUGUST, 1922 IN O.P. NO. 6925/88 ETC. OF THIS HONOURABLE COURT. EXT.P20: COPY OF THE JUDGMENT DATED 24TH MAY, 1993 IN W.A. NO. 1166/92 ETC. OF THIS HONOURABLE COURT. EXT.P21: COPY OF THE JUDGMENT DATED 21ST OCTOBER, 1999 IN W.A. NO. 343/93 ETC. OF THIS HONOURABLE COURT. EXT.P22: COPY OF THE ORDER, B.O.NO.2455/2000/LA.I/11532/88. DATED 03/10/2000 ISSUED BY THE KSE BOARD. EXT.P23: COPY OF THE ORDER B.O.NO.3037/2000/LA.I/11532/88 DATED 15/12/2000 ISSUED BY THE KSE BOARD. EXT.P24: COPY OF THE JUDGMENT DATED 20TH OCTOBER 2003 IN O.P. NO. 6236/2001 OF THIS HONOURABLE COURT. EXT.P25: COPY OF THE ORDER B.O.(CM)NO.17/2004 (LAS.1/3364/2001) DATED 03/01/2004 ISSUED BY THE KSE BOARD. EXT.P26: COPY OF THE JUDGMENT DATED 6TH OCTOBER 2004 IN C.C.(C) NO.321/2004 OF THIS HONOURABLE COURT. EXT.P27: COPY OF THE ORDER B.O.(CM)NO.409/2005 (LAS.I/3364/2000) DATED 08/02/2005 ISSUED BY THE KSE BOARD. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.19711 of 2005 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of October, 2010 J U D G M E N T The petitioners were employees of the Kerala State Electricity Board. They have already retired from service. In 1987, on account of implementation of pay revision orders, petitioners became entitled to stepping up of their pay in tune with the salary drawn by their juniors, pursuant to which, Exts.P15 & 23 orders were passed. But the monetary benefits arising therefrom were not paid to the petitioners. Therefore the petitioners along with others approached this court by filing O.P.No.6236/2001. In that original petition the Board submitted that, the petitioners would be given the due benefit of pay as per Exts.P15 & P23 herein, which were Exts. P16 & P24 in that original petition. But the Board passed Ext.P25 order giving only notional fixation and refusing monetary benefits. The petitioners filed a contempt case complaining of non- compliance with the judgment, in which by Ext.P26 order, W.P.(C)No.19711 of 2005 2 Ext.A 25 order was quashed and the Board was directed to pass appropriate orders pursuant to Exts.P15 & P23. Pursuant thereto, Ext.P27 orders have been passed, despite which petitioners have not been given the monetary benefits thereof. It is under the above circumstances, the petitioners have filed this writ petition seeking the following reliefs: “i) issue a writ of mandamus or any other appropriate writ, direction or order directing the Respondents to pay arrears of salary due to the petitioners in implementation of Exts.P15 and P23 orders of the K.S.E. Board and Exts.P24 and P26 judgments of this Hon'ble Court with interest at 12% from 1-3-1987 forthwith. ii) issue a writ of mandamus or any other appropriate writ, direction or order declaring that the petitioners are entitled to get arrears of pension with interest at 12% from the date of retirement till the date of payment. iii) issue a writ of mandamus or any other appropriate writ, direction or order directing the 3rd respondent to personally pay the interest due to the petitioners for the arrears of salary and arrears of pension from 1-3-2005 since he was personally responsible for the delay in payment of the same to the petitioners after the issuance of Ext.P27. iv) issue a writ of mandamus or any other appropriate writ, direction or order asking the 3rd respondent to pay compensatory costs to the petitioners since the petitioners are unnecessarily dragged before this Hon'ble Court due to the malafide action of the 3rd respondent.” W.P.(C)No.19711 of 2005 3 2. It is admitted by the counsel for the petitioners that, subsequently pensionary benefits based upon the salary fixed in accordance with Ext.P23 have already been paid to the petitioners. The claim now remaining is the arrears of salary consequent upon the fixation. 3. A counter affidavit has been filed taking the stand that, the petitioners are entitled to only notional fixation and retirement benefits based on such fixation. 4. I have considered the rival contentions in detail. 5. In Ext.P23 order the Board themselves had specifically stated that the benefit of Junior – Senior Fixation will be extended to the eligible petitioners with actual monetary benefits and interest thereon at the rate of 12% from 01.03.1987 till the date of payment. After having agreed to implement Ext.P23 in the case of petitioners also, the respondents cannot be heard to contend that the actual monetary benefits would not be given to the petitioners. In the above circumstances, I dispose of this writ petition with W.P.(C)No.19711 of 2005 4 a direction to the respondents to see that the monetary benefits arising out of the Junior - Senior Fixation as per Ext.P23 read with Ext.P2 judgment of the petitioners be disbursed to the petitioners as expeditiously as possible at any rate within a period of three months from the date of receipt of a copy of this judgment. However in view of the financial condition of the Electricity Board I direct that the interest need not be paid. S. SIRI JAGAN JUDGE shg/