Kerala High Court
Kerala State Electricity Board ... vs Kerala State Electricity Board ... on 11 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WA.No.71 OF 2021
AGAINST JUDGMENT DATED 19.11.2019 IN WP(C) 31316/2018(L) OF HIGH
COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 4:
1 KERALA STATE ELECTRICITY BOARD LTD.
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695004.
2 THE CHIEF ENGINEER(HRM)
KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695004.
3 DEPUTY CHIEF ENGINEER,
ELECTRICAL CIRCLE, KERALA STATE ELECTRICITY BOARD LTD,
PATHANAMTHITTA DISTRICT - 689690.
4 DEPUTY CHIEF ENGINEER
(CHAIRPERSON, CGRF, SOUTH), KERALA STATE ELECTRICITY BOARD
LTD, VAIDHYUTHA BHAVANAM, KOTTARAKKARA,
KOLLAM DISTRICT - 691506.
BY ADV. SRI.ASOK M.CHERIAN
RESPONDENTS/PETITIONERS:
1 M.B.MOHANACHANDRAN NAIR
MARUTHOOR VADAKKETHIL, KOTTA P.O, KARAKKAD, ALAPPUZHA
DISTRICT, PIN - 689504, (SUB ENGINEER, KSEB, SUB REGIONAL
STORE, PATHANAMTHITTA)
2 K.SURESHKUMAR,
'NIRVRUTHY', NJARAKKAD, THALAVOOR P.O,
KOLLAM DISTRICT - 691508, (SENIOR ASSISTANT, KSEB, CGRF,
KOTTARAKARA)
3 DEPUTY CHIEF ENGINEER
(CHAIRPERSON, CGRF, SOUTH), KERALA STATE ELECTRICITY BOARD
LTD, VAIDHYUTHA BHAVANAM, KOTTARAKKARA,
KOLLAM DISTRICT - 691506.
R1-2 BY ADV. SHRI.N.SASIDHARAN UNNITHAN
R1-2 BY ADV. SHRI.K.P.RAJEEVAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A No.71 of 2021
(arising out of W.P(C) No.31316 of 2018)
2
ALEXANDER THOMAS & T.R.RAVI, JJ.
==================================
W.A No.71 of 2021
(arising out of W.P(C) No.31316 of 2018)
==================================
Dated this the 11th day of January, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The above Writ Appeal has been filed by respondent Nos.1 to 4 in
W.P(C) No.31316/2018 to impugn the judgment dated 19.11.2019
rendered by a learned Single Judge of this Court in the final disposal of
W.P(C) No.31316/2018 filed by respondents 1 and 2 herein/writ
petitioners.
2. The case set up filed by the appellant in the above writ
appeal is broadly as follows:
Appellants are respondents 1 to 4 in the Writ Petition (Civil).
Petitioners had been in service of the 1st respondent KSEBL. Prior
to joining service of KSEBL, the 1st respondent/1st petitioner was in
service of an autonomous organisation under Union of India and
the 2nd respondent/2nd petitioner was in service of Government of
Kerala as well as in Kerala Water Authority which is an
autonomous organisation under the State Government. The Writ
Petition was filed claiming that they were entitled for getting their
services prior to joining service of KSEBL reckoned towards their
W.A No.71 of 2021
(arising out of W.P(C) No.31316 of 2018)
qualifying service for pension. The learned Single Judge by a
judgment dated 19-11-2019 directed the KSEBL to entail the
previous services of the writ petitioners with their service under
KSEBL for granting retirement benefits by permitting them to
remit pro-rata contribution by themselves in case their previous
employers refuses to remit the same.
It is in the light of these averments and contentions, that the above
Writ Appeal has been filed seeking for setting aside the impugned
judgment dated 19.11.2019 rendered by the learned Single Judge in
W.P(C)No.31316/2018 filed by respondent Nos.1 & 2 herein
3. Heard Sri.Asok M.Cherian, learned senior Standing
Counsel appearing for the writ appellants, Sri.N.Sasidharan Unnithan,
learned counsel appearing for contesting respondent Nos.1 & 2 in the
writ appeal/writ petitioners. In the nature of the orders proposed to be
passed by this Court in this appeal, notice to the 3rd respondent will
stand dispensed with.
4. After hearing both sides, it is seen that the matter in issue is
covered in favour of the writ appellant as per the dictum laid down by
the Full Bench of this Court in Annexure-II judgment dated
08.09.2020 rendered in O.P(KAT) No.277/2018 & connected cases
reported in Jayakumar.S & Ors. v. State of Kerala & Ors.
W.A No.71 of 2021
(arising out of W.P(C) No.31316 of 2018)
[MANU/KE/2457/2020]. Hence, going by the dictum laid down by the
Full Bench of this Court in Annexure-II judgment, the claims of the
writ petitioners are only to be rejected. It is seen that the impugned
judgment has been rendered by the learned Single Judge on
19.11.2020, before the rendering of the abovesaid decision on
08.09.2020.
5. Accordingly, it is ordered that the impugned judgment
dated 19.11.2020 rendered by the learned Single Judge of this Court in
W.P(C)No.31316/2018 filed by respondent Nos.1 & 2 herein, will stand
set aside and consequently, it is ordered that the said
W.P(C)No.31316/2018 will stand dismissed.
With these observations and directions, the above Writ Appeal
will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
T.R.RAVI, JUDGE
vgd
W.A No.71 of 2021
(arising out of W.P(C) No.31316 of 2018)
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I A TRUE COPY OF THE ORDER DATED
15.09.2020 IN RP NO. 543/2020.
ANNEXURE II A TRUE COPY OF THE JUDGMENT DATED
08.09.2020 IN OP(KAT)NO. 277/20 AND
CONNECTED CASES.
