Rajan E.G vs Kerala State Electricity Board ...
2021 Latest Caselaw 14260 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                       WP(C) NO. 11999 OF 2021
PETITIONERS:

    1       RAJAN E.G., AGED 73 YEARS
            S/O.EMANUEL, RESIDING AT 4B, BEACON GREENLEAVES,
            KANJIRAPPARA P.O., SASTHAMANGALAM VILLAGE,
            THIRUVANANTHAPURAM TALUK AND DISTRICT, PIN-695 030,
            (RETIRED SR.SUPERINTENDENT (NC) WITH PPO NO.30362).

    2       M.KESAVAN NAIR, AGED 71 YEARS
            S/O.K.C.MADHAVAN NAIR, ROOM NO.307, SP TOURIST HOME,
            MELE THAMPANOOR, THIRUVANANTHAPURAM-695 001, (RETIRED
            SR.SUPERINTENDENT WITH PPO NO.33390).

            BY ADV SRI.P.C.HARIDAS



RESPONDENTS:

    1       KERALA STATE ELECTRICITY BOARD LTD.
            VAIDUTHIBHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004,
            REPRESENTED BY ITS SECRETARY.

    2       SECRETARY (ADMINISTRATION),
            KERALA STATE ELECTRICITY BOARD LTD., VAIDUTHIBHAVAN,
            PATTOM, THIRUVANANTHAPURAM-695 004.

    3       CHIEF ENGINEER (HRM)
            KERALA STATE ELECTRICITY BOARD LTD., VAIDUTHIBHAVAN,
            PATTOM, THIRUVANANTHAPURAM-695 004.

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


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11999 OF 2021

                               2


                                                          "CR"

                           JUDGMENT

The petitioners have, through this writ petition, brought

to the notice of this Court a compelling issue with respect to

the payment of pension in the services of the Kerala State

Electricity Board; alleging that, under the aegis of a "Vaccine

Challenge" coalesced to the Chief Minister's Relief Fund,

certain portion of their pension is being now withheld.

2. The petitioners specifically allege that they had not

agreed to any contribution to be made to the afore

"Challenge"; nor have they consented that their pension be

reduced in any manner for such purpose. They, therefore,

pray that Ext.P1 proceedings of the KSEB, which allegedly

sanctions forcible deduction of amounts of pension of retired

employees and its remittance into the Chief Minister's Relief

Fund, be set aside and KSEB be directed to pay them their

eligible withheld pension immediately.

3. The afore submission of Sri.P.C.Haridas - the learned

counsel for the petitioners, was met by Sri.N.Satheesh - the

learned standing counsel for the KSEB, asserting that Ext.P1

order is not intended to force - contribute any amount from WP(C) NO. 11999 OF 2021

any section of the employees or former employees, except

with their consent. He pointed out that Ext.P1 luculently

records that it was issued solely on the basis of the specific

agreement of the Association of Pensioners, that their

members are willing to contribute one day's pension to the

Chief Minister's Relief Fund under the "Vaccine Challenge".

He, therefore, prayed that Ext.P1 be not set aside; however,

adding that if the petitioners are not agreeable to have their

contribution retained by the KSEB, then the said amount will

be returned to them without any delay.

4. Though, in view of the afore submissions of

Sri.N.Satheesh, the controversy in this case will now rest,

there is a larger question as to if a proceeding like Ext.P1

would have been issued by the KSEB at all.

5. Normally, any contribution to the Chief Minister's

Relief Fund or such other can be effected only with full

volition of the contributor and cannot be a matter of

compulsion or forced compliance, unless there is a valid law

which sanctions such. The KSEB or the State have no case -

even whisperingly - that the petitioners or other employees -

serving or retired - are under any legally sanctioned

obligation to suffer any remittance under the "Vaccine WP(C) NO. 11999 OF 2021

Challenge". However, Ext.P1, nevertheless mandates that

certain deductions will be made from the pension of the

retired employees towards the Relief Fund, but without

conceding to any provision herein for such deduction being

done only with the prior consent of the retiree.

6. Perspicuously therefore, Ext.P1 cannot, in my firm

view, deserve curial imprimatur; and since the KSEB has

unequivocally agreed to refund the amounts deducted from

the Pension of the petitioners, I proceed to order this writ

petition with the directions ut infra.

In the afore circumstances, I allow this writ petition,

recording the afore submissions of Sri.N.Satheesh; with a

consequential direction to the respondents to refund the

amounts deducted from the pension of the petitioners within

a period of two weeks from the date of receipt of a copy of

this judgment, with a further declaration that no such amount

shall be deducted, except if they give specific consent for the

same in writing.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 11999 OF 2021

APPENDIX OF WP(C) 11999/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE CIRCULAR DATED 14.05.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER.