Visweswara Kumar B vs Kerala State Electricity Board ...
2021 Latest Caselaw 15914 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                       WP(C) NO. 10651 OF 2021
PETITIONER:

            VISWESWARA KUMAR B., AGED 56 YEARS,
            D.O.B. 19.4.1965, S/O. BHASKARAN UNNITHAN, ASSISTANT
            EXECUTIVE ENGINEER (E), ELECTRICAL SUB DIVISION,
            KUNDARA, KOLLAM, RESIDING AT SARMILA NIVAS,
            KANNIMELCHERRY, KILIKOLLOOR P.O., KOLLAM.

            BY ADVS.BIJU BALAKRISHNAN
            SMT.V.S.RAKHEE
            SMT.K.J.GISHA
            SHRI.AJMAL P.


RESPONDENTS:

    1       KERALA STATE ELECTRICITY BOARD LTD.,
            VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,
            REPRESENTED BY ITS CHAIRMAN, PIN-695004.

    2       THE CHAIRMAN,
            KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVAN,
            PATTOM, THIRUVANANTHAPURAM, PIN-695004.

    3       THE SECRETARY,
            KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVAN,
            PATTOM, THIRUVANANTHAPURAM, PIN-695004.

    4       THE CHIEF ENGINEER (HRM),
            KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVAN,
            PATTOM, THIRUVANANTHAPURAM, PIN-695004.

    5       THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD
            LTD, ELECTRICAL DIVISION, KUNDARA, KOLLAM, PIN-691 501.

            BY ADVS. SRI.ASOK M.CHERIAN
            SRI.N.SATHEESH - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10651 OF 2021
                              -2-

                          JUDGMENT

This is the second time that the petitioner

has approached this Court, he having been done so

earlier by filing W.P.(C)No.11297 of 2010.

2. The aforementioned writ petition was

disposed of by this Court through Ext.P25, with

the following directions:

"In the afore circumstances, without entering into the merits of any of the contentions of the rival parties and without considering the challenge to Ext.P11 any further, I dispose of this Writ Petition leaving liberty to the petitioner to approach the competent Authority of the KSEB with a request for minimum pension and/or other eligible benefits, if any; and if this is done within a period of three weeks from the date of receipt of a copy of this judgment, same shall be considered by the said Authority in terms of law, after affording him an opportunity of being heard

- either physically or through video conferencing - thus culminating in an appropriate order thereon, as expeditiously as is possible, but not later than four months thereafter.

I make it clear that I have not considered the claim of the petitioner for minimum pension or other benefits and that it will be up to the competent Authority of the KSEB to take a decision thereon as per the applicable Rules and Regulations."

WP(C) NO. 10651 OF 2021

3. The petitioner says that in obedience to

the afore directions, he had preferred Ext.P26

representation; and alleges that, through Ext.P29,

the respondents have rejected it, but even without

considering whether he is entitled to a minimum

pension reckoning the period of service between

11.06.1990 and 13.07.2010. The petitioner,

therefore, prays that Ext.P29 be set aside and the

respondents be directed to grant him benefits, as

requested in Ext.P26.

4. The afore submissions of Sri.Biju

Balakrishnan - learned counsel for the petitioner,

were vehemently refuted by Sri.N.Satheesh -

learned Standing Counsel for the respondents,

showing me that, in Ext.P26, the petitioner has

sought much larger reliefs than what was permitted

by this Court in Ext.P25 judgment; though

conceding, to a pointed question from this Court,

that he has also asked for eligible pension WP(C) NO. 10651 OF 2021

reckoning his period of service between 11.06.1990

and 13.07.2010. Sri.N.Satheesh then admitted that

when Ext.P29 was issued, due to an inadequate

omission, the request of the petitioner for

minimum pension had not been considered, though

his other reliefs had been found untenable.

5. I, therefore, asked Sri.N.Satheesh whether

the competent Authority of the Kerala State

Electricity Board (KSEB) will be in a position to

reconsider Ext.P26 request of the petitioner on

this issue; to which, he submitted that even

though the petitioner's substantive requests have

already been rejected through Ext.29, the aspect

as to whether he is eligible to a minimum pension

can be reconsidered and a fresh order issued.

In the afore circumstances and since I am firm

in my opinion that the KSEB had a duty, on account

of the directions in Ext.P25 judgment, to consider

the petitioner's claim for minimum pension WP(C) NO. 10651 OF 2021

reckoning his service between 1990 and 2010, I

order this writ petition as under:

Ext.P29 is set aside; with a consequential

direction to the competent Authority of the KSEB

to reconsider Ext.P26 representation of the

petitioner on the afore issue of minimum pension

reckoning his service between 1990 and 2010, and

dispose it of - thus culminating in an appropriate

order thereon, as expeditiously as is possible,

but not later than one month from the date of

receipt of a copy of this judgment.

Needless to say, the resultant order will be

communicated to the petitioner by the respondents

without any avoidable delay and all his

contentions are left open to be pursued by him, if

required in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 10651 OF 2021

APPENDIX OF WP(C) 10651/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 PHOTOSTAT COPY OF THE PROCEEDINGS NO.EB1/LWA/2005/576 DATED 17.6.2005.

EXHIBIT P2 PHOTOSTAT COPY OF THE COVERING LETTER DATED 3.7.2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT THROUGH THE 4TH RESPONDENT FOR EXTENSION OF LWA FOR ANOTHER 5 YEARS FROM 13.7.2010.

EXHIBIT P3 PHOTOSTAT COPY OF THE LETTER DATED 11.11.2010 OF THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P4 PHOTOSTAT COPY OF THE LETTER DATED 20.11.2010 SUBMITTED BY THE PETITIONER BEFORE HIS PRESENT EMPLOYER.

EXHIBIT P5 PHOTOSTAT COPY OF THE LETTER DATED 30.11.2010 ISSUED BY THE PRESENT EMPLOYER TO THE PETITIONER.

EXHIBIT P6 PHOTOSTAT COPY OF THE APPLICATION DATED 6.12.2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT THROUGH THE 4TH RESPONDENT.

EXHIBIT P7 PHOTOSTAT COPY OF THE APPLICATION DATED 6.12.2010 BEFORE THE 1ST RESPONDENT.

EXHIBIT P8 PHOTOSTAT COPY OF THE SHOW CAUSE NOTICE DATED 20.9.2011 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P9 PHOTOSTAT COPY OF THE REPLY DATED 3.10.2011 SUBMITTED BY THE PETITIONER WP(C) NO. 10651 OF 2021

BEFORE THE 3RD RESPONDENT.

EXHIBIT P10 PHOTOSTAT COPY OF THE APPLICATION DATED 24.10.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR EXTENSION OF LWA FOR A PERIOD OF THREE YEARS FROM 12.7.2010.

EXHIBIT P11 PHOTOSTAT COPY OF THE ORDER DATED EBVS.8/11/2011/240 DATED 29.3.2012 OF THE 3RD RESPONDENT.

EXHIBIT P12 PHOTOSTAT COPY OF THE ORDER NO.B.O.

(FB)NO.1693/2007 (ESTT.)I/5050/2007 DATED 21.7.2007 OF THE 2ND RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE POSTAL RECEIPT DATED 2.10.2011 EVIDENCE IN SUBMISSION OF EXT.P10.

EXHIBIT P14 PHOTOSTAT COPY OF THE AGREEMENT DATED 5.6.2005 BETWEEN THE PETITIONER ALONG WITH TWO SURETIES AND THE 3RD RESPONDENT.

EXHIBIT P15 PHOTOSTAT COPY OF BO(FBO NO.1625/2013 ESTT.I/5050/2007),DATED 25.7.2013 OF THE 2ND RESPONDENT.

EXHIBIT P16 PHOTOSTAT COPY OF THE APPEAL MEMORANDUM DATED 24.8.2013 SUBMITTED BY THE PETITIONER.

EXHIBIT P17 PHOTOSTAT COPY OF ACKNOWLEDGMENT RECEIPTS.

EXHIBIT P18 PHOTOSTAT COPY OF APPLICATION DATED 24.8.2013 FOR EXTENSION OF LWA.

EXHIBIT P19 PHOTOSTAT COPY OF REPRESENTATION INTIMATING SUBMISSION OF APPLICATION WP(C) NO. 10651 OF 2021

DATED 24.8.2013.

EXHIBIT P20 PHOTOSTAT COPY OF ORDER NO.VIG/AIV/5917/2011/2019 DATED 31.10.2013.

EXHIBIT P21 PHOTOSTAT COPY OF REVIEW PETITION DATED 29.11.2013.

EXHIBIT P22 PHOTOSTAT COPY OF REPRESENTATION INTIMATING SUBMISSION OF REVIEW PETITION DATED 24.8.2013.

EXHIBIT P23 PHOTOSTAT COPY OF ORDER NO.

BO(DB)NO.611/2014 (VIG/AIV/5917/2011) DATED 6.3.2014 PASSED BY THE 1ST RESPONDENT.

EXHIBIT P24 PHOTOSTAT COPY OF COVERING LETTER NO.GBI/DISC/KUNDARA/2013-14/1503 DATED 18.3.2014.

EXHIBIT P25 TRUE COPY OF THE JUDGMENT DATED 22.2.2021 IN WP(C) NO.11297/2012 OF THIS HON'BLE COURT.

EXHIBIT P26 TRUE COPY OF THE REPRESENTATION DATED 12.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE 1ST RESPONDENT.

EXHIBIT P27 TRUE COPY OF THE PERSONAL HEARING NOTICE DATED 24.3.2021 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT.

EXHIBIT P28 TRUE COPY OF THE PERSONAL HEARING NOTE WITH COVERING LETTER DATED 8.4.2021 SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE 1ST RESPONDENT.

EXHIBIT P29 TRUE COPY OF THE ORDER NO.VIG/A4, 5917/2011/938, DATED 20.4.2021 OF THE WP(C) NO. 10651 OF 2021

CHAIRMAN OF THE 1ST RESPONDENT.

EXHIBIT P30 TRUE COPY OF THE REPRESENTATION DATED 11.7.2015 SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE 1ST RESPONDENT.

EXHIBIT P31 TRUE COPY OF THE LETTER DATED 1.1.2016 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE