Kerala High Court
V.S. Vijayan vs Kerala State Electricity Board ... on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 28TH DAY OF JANUARY 2021/8TH MAGHA, 1942
WP(C).No.33134 OF 2017(N)
PETITIONER:
V.S. VIJAYAN,
S/O. V. K. SREEDHRAN,
AGED 57 YEARS,
RESIDING AT VATTATHATTEL HOUSE,
UDAYAMPEROOR P.O,
TRIPUNITHURA, ERNAKULAM.
(ASSISTANT EXECUTIVE ENGINEER
(ELECTRICAL) (RETIRED),
KERALA STATE ELECTRICITY BOARD LTD.,
BRAHMAPURAM DIESEL POWER PLANT,
BRAHMAPURAM, ERNAKULAM).
BY ADVS.
SMT.SHAMEENA SALAHUDHEEN
SMT.S.SIMY
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LIMITED,
REPRESENTED BY ITS SECRETARY,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM-695004.
2 CHIEF ENGINEER (HRM),
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM-695004.
3 CHIEF ENGINEER (GENERATION),
KERALA STATE ELECTRICITY BOARD LTD.,
VYDYUTHI BHAVANAM, MOOLAMATTAM,
IDUKKI-685589.
4 DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL CIRCLE,
ERNAKULAM-682018.
WP(C) No.33134/2017
:2 :
5 EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL DIVISION,
ERNAKULAM-682018.
6 DEPUTY CHIEF ENGINEER,
KERALA STATE ELECTRICITY BOARD LTD.,
BRAHMAPURAM DIESEL POWER PLANT,
ERNAKULAM-682303.
BY SRI.M.K.THANKAPPAN, SC, KERALA STATE
ELECTRICITY BOARD LIMITED
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28-01-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.33134/2017
:3 :
N. NAGARESH, J.
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W.P.(C) No.33134 of 2017
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Dated this the 28th day of January, 2021
JUDGMENT
~~~~~~~~~
The petitioner, who is a retired Assistant Executive
Engineer, has filed this writ petition seeking to sanction and
disburse retirement benefits due to the petitioner including
pension in full, Death cum Retirement Gratuity, Commuted
Value of Pension, Pension Arrears and DR arrears (Pension)
and other attendant benefits attached thereto, at the earliest,
within a time frame fixed by this Court. The petitioner also
seeks payment of penal interest at market rate for the delay
caused in payment of terminal benefits.
2. The petitioner states that during his stint as
Assistant Engineer in Electrical Section, Maharajas College,
Ernakulam, the Anti Power Theft Squad (APTS) conducted an
WP(C) No.33134/2017
inspection in the premises of a consumer of KSEB and
detected power theft. Sequentially, the petitioner was served
with Ext.P4 seeking explanation for delay in detecting the
power theft. The petitioner submits that the consumer in
question had filed a writ petition challenging the proceedings
pursuant to APTS inspection and this Court as per Ext.P2
judgment directed that a revised bill shall be issued limiting
the assessment to two years and the KSEB complied with the
judgment. According to the petitioner, without challenging the
judgment and without initiating disciplinary action against the
petitioner, the respondents are estopped from proceeding
against the petitioner.
3. The petitioner would submit that during the
pendency of this writ petition, the respondents have paid the
terminal benefits and the petitioner hence is prosecuting the
writ petition only for payment of interest for the delayed
payment of terminal benefits.
4. Relying on the judgment of this Court in O.P.(CAT)
No.380/2020, the learned counsel for the petitioner urged that
WP(C) No.33134/2017
the petitioner is entitled to be paid interest at market rate for
the period of delay in paying terminal benefits. The learned
Standing Counsel, on the other hand, relied on the judgment
of this Court in Xavier v. Kerala State Electricity Board
[1979 KLT 80 (FB)] and contended that the KSEB has issued
charge memo to the petitioner and can still proceed against
the petitioner.
5. Heard.
6. As all the terminal benefits have been paid to the
petitioner, the question remaining is as to payment of
interest for the delayed disbursal of terminal benefits.
7. The APTS conducted a surprise check in the
premises of a consumer on 23.01.2012 and found power
theft. Gross irregularities were noted in the meter reading,
Tariff applicable and actual consumption. The irregularities
were assessed for the period from January, 2008. The low
consumption was as a result of installation of a faulty meter
during the tenure of the petitioner. In W.P.
(C)No.17975/2014 filed by the consumer, this Court found
WP(C) No.33134/2017
that there was failure on the part of the authorities of KSEB.
8. Explanation was called for from the petitioner as
per Ext.P4, on 21.01.2016. The petitioner gave a reply on
22.02.2016. However, before initiation of departmental
enquiry, the petitioner retired on superannuation from the
KSEB. The delay in payment of terminal benefits occurred
in these circumstances.
9. In the circumstances of the case, this Court does
not deem it a fit case to award interest to the petitioner, in
exercise of powers under Article 226 of the Constitution of
India.
The writ petition is accordingly disposed of.
Sd/-
N. NAGARESH, JUDGE
aks/22.01.2021
WP(C) No.33134/2017
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE WRIT PETITION
WITHOUT EXHIBITS IN WRIT PETITION
(CIVIL) NO.17975 OF 2014.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED
30.07.2014 IN WRIT PETITION (CIVIL)
NO.17975 OF 2014.
EXHIBIT P3 A TRUE COPY OF ORDER DATED 11.12.2014.
EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION DATED
21.01.2016 ISSUED BY THE 5TH
RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE REPLY/EXPLANATION
SUBMITTED BY THE PETITIONER BEFORE THE
5TH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED
30.04.2016 WHEREBY PETITIONER HAS BEEN
RELIEVED FROM THE SERVICE OF 1ST
RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 23.09.2017 ISSUED FROM INDO
AMERICAN HOSPITAL BRAIN AND SPINE
CENTRE, VAIKOM IN FAVOUR OF THE
PETITIONER.
EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION
DATED 23.02.2017 SUBMITTED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT.
EXHIBIT P9 A TRUE COPY OF COMMUNICATION DATED
25.03.2017 ISSUED BY THE 5TH
RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION DATED
06.06.2016 ISSUED BY THE 4TH
RESPONDENT TO THE 2ND RESPONDENT.
WP(C) No.33134/2017
EXHIBIT P11 A TRUE COPY OF THE ORDER DATED
27/11/2017 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P12 A TRUE COPY OF ORDER DATED 21/05/2019
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P13 A TRUE COPY OF AUTHORIZATION FOR
PAYMENT OF PENSIONARY BENEFITS DATED
05/08/2019 ISSUED TO THE PETITIONER BY
THE ACCOUNTS OFFICER (PENSION
AUTHORIZATION) ATTACHED TO THE O/o.
1ST RESPONDENT.
EXHIBIT P14 A TRUE COPY OF THE RELEVANT EXTRACT OF
PASS BOOK PERTAINING TO THE PETITIONER
OF HIS SB A/c. No.57033252062,
MAINTAINED AT STATE BANK OF INDIA,
UDAYAMPEROOR BRANCH.
RESPONDENTS' EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE SHORT ASSESSMENT BILL
DATED 22.08.2012.
EXHIBIT R1(B) TRUE COPY OF THE CHARGE SHEETS DATED
19.06.2017.
EXHIBIT R1(C) TRUE COPY OF THE PROCEEDINGS DATED
27.11.2017.
SR
