IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WA.No. 2409 of 2007 ------- -------------------------- AGAINST THE JUDGEMENT IN WPC.26682/2005 Dated 19/03/2007 .................... APPELLANT(S): RESPONDENT NO.1 TO 4 ----------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. ACCOUNTS OFFICER, PENSION AUTHORISATION, OFFICE OF THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 4. EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, PAYYANNUR, KANNUR DISTRICT. BY STANDING COUNSEL SRI. ASOK M.CHERIYAN RESPONDENT//PETITIONER ---------------------- K.BHASKARAN, ASSISTANT ENGINEER, (RETIRED), K.S.E.B. ELECTRICAL SECTION, BURNASSERY, RESIDING AT NEERAJ, P.O. EDAKKAD, KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON 05/08/2009 DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. ------------------------------ W.A. No.2409 of 2007 ------------------------------ Dated this, the 5th day of August, 2009 JUDGMENT Balakrishnan Nair, J. The appellants are the respondents in the Original Petition. The respondent herein was the petitioner. The brief facts of the case are the following: The respondent retired from the K.S.E.Board on 31.5.2003. He joined the K.S.E.Board on 28.12.1976. Before joining the Board, he served in the Telecom Department from 26.3.1974 to 8.12.1976. As per the orders then in force, the respondent was entitled to count his past service in the Telecom Department reckoned for the computation of pension. So, he moved the Board. The Board accepted his claim and passed Ext.P1 order dated 12.1.2004. The operative portion of the said order reads as follows: “5. Board examined the matter in detail and sanction is accorded to reckon the services rendered by Sri.K.Bhaskaran, Sub Engineer (Rtd.) in the Telecom Department for pensionary benefits in the W.A. No.2409 of 2007 - 2 - Board condoning the break of 19 days from 9.12.1976 FN to 27.12.1976 AN. It is also ordered to recover the Leave Salary and pension contribution from the incumbent in case the former employer fails to remit the same.”. Later, by Ext.P2 order dated 30.9.2004, the respondent was called upon to remit an amount of Rs.25,916/- towards pensionary benefits payable by the Telecom Department. It was accompanied by Ext.P3 calculation sheet. The demand comprised of interest also. Therefore, he filed Ext.P4 representation praying that interest portion may be waived from the said amount and he may be permitted to pay the principal amount of Rs.1,839/-. The Chief Engineer, by Ext.P5 communication, allowed the said representation. Later, the Board issued a general order, Ext.P6 dated 01.9.2005, wherein the following general directions were issued. The relevant portion of the said order reads as follows: “A number of representations from the Board employees who have prior service elsewhere, are pending disposal in the Board for want of clarification. On detailed examination of the cases, the Board in its meeting held on 22.08.2005 decided to accord sanction to W.A. No.2409 of 2007 - 3 - the following:- (1) Continue to count the prior service in the Departments or Government of India/Central Autonomous body rendered by the Board employees as provided in the G.O.(P) No.369/87/Fin. dated 31-3-1987 and G.O.(P) No.703/20902/Fin dated 12-11-2002 for the purpose of pension in the Board, subject to realization of the pro-rata pension liability from the Departments of Government of India/Central Autonomous body concerned. (2) Continue to count the past service rendered by the Board employees in the Kerala State Government Departments for the purpose of pension in the Board, without insisting the Kerala State Government Department to pay the pro-rata pension contribution to the Board. (3) Count the past service rendered by the Board employees in the Kerala State Public Sector undertakings/autonomous body for the purpose of pension in the Board subject to realization of the pro-rata pension liability from the Kerala State Public Sector undertaking/Autonomous bodies. (4) Fix a time limit of one year from joining the Board for the Board employee who desires to apply for counting the past service, if any, for the purpose of pension in the Board and to make applicable this time limit in future cases. A time limit of one year W.A. No.2409 of 2007 - 4 - from 01-09-2005 will be allowed to the existing employees to apply for counting the past service, if any, for the purpose of pension. Request made after this time limit, will not be entertained. (5) Since a time limit of one year is prescribed there is no necessity to levy interest on belated remittance of pro-rata pension contribution. No interest on this account will be levied in the case of employees whose representations are pending for decision in the Board at present. (6) Also decided to deny the request of the employees to remit the pro - rata pension contribution by the employees themselves, in the event of the former employer refusing to pay the pro - rata pension liability. This is applicable to the pending request as well as to the future cases. (7) Also decided not to reopen the cases settled in the past otherwise than in the above mentioned times and to regulate the pending cases as per these guidelines.”. (emphasis supplied) The claim of the petitioner was sought to be resisted relying on clause (6) of Ext.P6 order quoted above. Feeling aggrieved by the stand of the appellants, the writ petition was filed. The learned Single Judge took the view that, even going by W.A. No.2409 of 2007 - 5 - clause (6), the petitioner's case cannot be treated as a pending matter. In view of Exts.P1 and P5, the matter should be taken as settled. What remains is only computation and payment of the amount due to him. So, the writ petition was allowed. Challenging the said judgment, the respondents have preferred this writ appeal. 2. According to the appellants, since the petitioner failed to pay the amount of Rs.1,839/- and the Telecom Department also did not pay the amount, the matter should be taken as a pending matter and therefore, by operation of clause (6) of Ext.P6, the petitioner is not entitled to get the reliefs. We notice that, Ext.P1 provided for recovery of the amount from him, if the pro-rata pensionary benefits are not paid by the Telecom Department. Later, by Ext.P5, the amount to be recovered was reduced to the principal amount. In fact, thereafter, nothing remains as far as the case of the petitioner is concerned. So, we agree with the learned Single Judge that the petitioner's case should be taken as a case settled. In view of the above position, we find no reason to W.A. No.2409 of 2007 - 6 - interfere with the judgment under appeal. Accordingly, the Writ Appeal is dismissed. Sd/- K. Balakrishnan Nair, Judge. Sd/- C.T. Ravikumar, Judge. DK. (True copy)