Visweswara Kumar.B. vs Kerala State Electricity Board
2021 Latest Caselaw 6208 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                      WP(C).No.11297 OF 2012(J)


PETITIONER:

               VISWESWARA KUMAR.B., AGED 47 YEARS,
               S/O.BHASKARAN UNNITHAN, ASSISTANT EXECUTIVE
               ENGINEER (E), ELECTRICAL SUB DIVISION, KUNDARA,
               KOLLAM, RESIDING AT SARMILA NIVAS,
               KANNIMELCHERRY, KILIKOLLOOR P.O., KOLLAM.

               BY ADVS.
               SHRI.BIJU BALAKRISHNAN
               SMT.V.S.RAKHEE

RESPONDENTS:

      1        KERALA STATE ELECTRICITY BOARD,
               VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,
               REPRESENTED BY ITS CHAIRMAN, PIN-695 004.

      2        THE SECRETARY, KERALA STATE ELECTRICITY BOARD,
               VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,
               PIN-695 004.

      3        THE CHIEF ENGINEER (HRM), KERALA STATE
               ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM,
               THIRUVANANTHAPURAM, PIN-695 004.

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

               BY ADVS.
               SRI.K.S.ANIL, SC, KSEB
               SRI.M.K.THANKAPPAN, SC,

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 11297/12
                                          2


                                   JUDGMENT

The petitioner has approached this Court

seeking that Ext.P11 be quashed; but when this

matter was called today, his learned counsel -

Sri.Biju Balakrishnan, submitted that, by

efflux of time, his client's plea for re-

instatement in service may not be possible for

the reason that he is reaching the age of

superannuation next month. He, therefore,

prayed that liberty may be granted to his

client to approach the competent Authority of

the Kerala State Electricity Board (KSEB for

short) seeking minimum pension for the period

which he spent in their services, prior to his

removal from service through Ext.P11.

2. Sri.M.K.Thankappan - learned Standing

Counsel for the KSEB, submitted that the

petitioner cannot seek that he should be given

minimum pension as a matter of right and that

it will be up to the competent Authority of WPC 11297/12

the KSEB to take an appropriate decision, if

the petitioner approaches them appropriately.

He, therefore, prayed that this Writ Petition

be dismissed, without granting any orders in

favour of the petitioner.

3. When I consider the afore submissions,

it is without doubt that, through Ext.P11, the

petitioner has been found to have been absent

from duty from 13.07.2010 and that it has been

concluded to be a major misconduct, leading to

his removal from service with effect from that

date.

4. However, the petitioner now admits

that he is nearing the age of superannuation

and would not be in a position to enter back

in service. I am, therefore, certainly of the

view that if he intends to approach the KSEB

with an appropriate representation seeking

minimum pension and/or such other eligible

benefits, same must be directed to be WPC 11297/12

considered by the competent Authority in terms

of law.

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. WPC 11297/12

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.

Sd/-

                                      DEVAN RAMACHANDRAN
       RR                                   JUDGE
 WPC 11297/12


                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        PHOTOSTAT COPY OF THE PROCEEDINGS NO

EBI/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 4GTH 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 BEFORE THE 3RD RESPONDENT

EXHIBIT P10 PHOTOSTAT COPY OF THE APPLICATION DATED 24.10.2011 SUBMITTED BY THE WPC 11297/12

PETITIONER BEFORE THE 1ST RESPONDENT FOR EXTENSION OF LA 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)1/5050/2007 DATED 21.7.2007 OF THE 2ND RESPONDENT

EXHIBIT P13 PHOTOSTAT COPY OF THE DETAILS OF OFFICERS/STAFF WHO HAVE BEEN EXTENSION OF LA BEYOND YEARS AFTER 21.7.2007

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 1/5050/2007) 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 DATED 24.8.2013

EXHIBIT P20 PHOTOSTAT COPY OF ORDER NO VIG/AIV/5917/2011/2129 DATED 31.10.2013.

EXHIBIT P21 PHOTOSTAT COPY OF REVIEW PETITION WPC 11297/12

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