Kerala High Court
M.A.David vs The Secretary To Government on 1 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
WP(C).No.10711 OF 2013(L)
PETITIONERS:
1 M.A.DAVID, AGED 78 YEARS, S/O. MANJALY ANTHONY,
PPO NO.12304, RETIRED ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD,
RESIDING AT MANJALY HOUSE, THALAKKOTTUKARA P.O.,
(VIA) KECHERY, THRISSUR DISTRICT.
2 T.V.KURIAN, AGED 81 YEARS, S/O.VAREED,
PPO NO.9207, RETIRED EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD,
RESIDING AT THERATTIL HOUSE, METRO LANE,
AYYANTHOLE, THRISSUR DISTRICT.
3 M.RAMA VARMA RAJA, AGED 82 YEARS,
S/O.CHITHARAN NAMBOODIRI, PPO NO.9333,
RETIRED ASST.EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD,
RESIDING AT HILL VIEW THRIKKU MARAM KUDAM,
AYYANTHOLE, THRISSUR DISTRICT. [died]
4 T.V.MADHAVAN, AGED 78 YEARS, S/O.SANKARA WARRIER,
PPO NO.12742, RETIRED ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD, RESIDING AT "UDAYAM",
THIRUVALLAKKAVU, CHERPU P.O., THRISSUR DISTRICT.
5 T.F.RAPHEL, AGED 83 YEARS, S/O.FRANCIS,
PPO NO.8889 ®, RETIRED ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD,
RESIDING AT THOTTAN HOUSE, BYEPASS ROAD, MANNUTHY,
THRISSUR DISTRICT - 680 651. [died]
6 K.JOHN PUTHUR, AGED 83 YEARS, S/O.KURIAN,
PPO NO.9367, RETIRED ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD, RESIDING AT PUTHUR
HOUSE, MULLAKARA MANNUTHY P.O.,
THRISSUR DISTRICT - 680 651. [died]
WP(C).No.10711 OF 2013(L)
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7 EASWARA WARRIER E, AGED 84 YEARS,
S/O.BRAMMA DATHEN NAMBOODIRI, PPO NO.10366,
RETIRED ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD,
RESIDING AT " ASWATHY ", THEKKEMADAM ROAD,
HOUSE NO.35/4139, THRISSUR - 680 001. [died]
8 M.P.NARAYANAN, AGED 76 YEARS,
S/O.PARAMESWARAN NAMBISSAN, PPO NO.14192,
RETIRED ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD,
RESIDING AT "MUTTATH PUSHPAKAM"
CHERUMUKKU TEMPLE ROAD, THRISSUR - 680 020.
9 K.PARAMESWARA MENON, AGED 78 YEARS,
S/O.P.NARAYANAN NAIR, PPO NO.12314,
RETIRED ENGINEER, KERALA STATE ELECTRICITY
BOARD, RESIDING AT "GEETHANJALI", PUTHURKARA,
AYYANTHOLE P.O., THRISSUR DISTRICT- 680 003.
10 T.V.RAJA VARMAN, S/O.VENKITESWARA IYER,
PPO NO.11562, RETIRED ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD,
RESIDING AT THIRUHUR VADAKKEMADAM (PURUNENDU),
3/351, KORAPPATH LANE, ANCHERY, P.O.
KURIACHIRA,THRISSUR - 680 006.
11 JOSEPHINE JOSEPH (W/O.K.J.JOSEPH, PPO NO.9511,
RETIRED ASSISTANT EXECUTIVE ENGINEER, KERALA
STATE ELECTRICITY BOARD) RESIDING AT KUTTIKHATT
HOUSE, P.O.THALAKKOOTTUKARA(VIA) KECHERY,
THRISSUR - 680 501.
12 K.A.BALAKRISHNAN, AGED 84 YEARS,
S/O.K.K.AYYAPPAN, PPO NO.9196, RETIRED
ASSISTANT ENGINEER, KERALA STATE ELECTRICITY
BOARD, RESIDING AT "KRISHNA NIVAS",
KANIPAYYOOR P.O. (VIA) KUNNAMKULAM,
THRISSUR DISTRICT - 680 517. [died]
*LRS IMPLEADED (VIDE SIDE LEAF) AS SUPPLEMENTAL
P15.
WP(C).No.10711 OF 2013(L)
-3-
13 K.KARUNAKARAN, AGED 77 YEARS,
S/O.KITTUNNI ACHARI, PPO NO.13396,
RETIRED ASSISTANT ENGINEER, KERALA STATE
ELECTRICITY BOARD, RESIDING AT
THAZHATHUPURAKKAL HOUSE,
VENDORE - CHENGAM P.O. ALAGAPPA NAGAR,
THRISSUR DISTRICT 680 302. [died]
14 SARALA VARMA (W/O.RATHEESH VARMA, PPO NO.10103,
RETIRED CHIEF ENGINEER, KERALA STATE
ELECTRICITY BOARD) RESIDING AT "HILL VIEW",
METRO ROAD, AYYANTHOLE,
THRISSUR DISTRICT - 680 003.
*SUPPL.P15 K.U.KOMALAVALLY, WIFE OF K.A.BALAKRISHNAN,
KRISHNA NIVAS, KANIPPAYOOR.P.O., KUNNAMKULAM,
THRISSUR DISTRICT.
*IS IMPLEADED AS THE LEGAL HEIR OF DECEASED P12
AS PER ORDER DATED 26.7.2013 IN IA 9429/13.
*SUPPL.P16 SMT.VIJAYALAKSHMI THAMPURATTY, WIFE OF LATE
RAMAVARVA RAJA M., (PPO NO.9333, RETD.
ASSISTANT EXECUTIVE ENGINEER, KSEB), RESIDING
AT HILL VIEW THRIKKUMARAKUDAM, AYYATHOLE,
THRISSUR DISTRICT, PIN - 680 003.
*SUPPL.P17 SMT.MARIAMMA RAPHAEL, WIFE OF LATE
T.F.RAPHAEL, S/O.FRANCIS, (PPO NO.8889(R),
RETD.ASSISTANT EXECUTIVE ENGINEER, KSEB),
RESIDING AT THOTTAN HOUSE, BYE-PASS ROAD,
MANNUTHY, THRISSUR DISTRICT -680 651.
*SUPPL.P18 SMT.AMMUKUTTY JOHN, WIFE OF LATE K.JOHN PUTHUR,
SON OF KURIAN, (PPO NO.9367, RETD. ASSISTANT
EXECUTIVE ENGINEER, KSEB), RESIDING AT PUTHUR
HOUSE, MULLAKKARA, MANNUTHY P.O., THRISSUR
DISTRICT -680 651.
*SUPPL.P19 SMT.PADMA A, WIFE OF LATE EASWARA WARRIER E.,
SON OF BRAHMA DATHEN NAMBOODIRI, (PPO NO.10366,
RETD.ASSISTANT EXECUTIVE ENGINEER, KSEB),
RESIDING AT 'ASWATHY', THEKKEMADAM ROAD, HOUSE
NO.35/4139, TRISSUR -680 001.
WP(C).No.10711 OF 2013(L)
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*SUPPL.P20 SMT.VALSALA K.G., WIFE OF LATE K.KARUNAKARAN,
SON OF KITTUNNI ACHARI, (PPO) NO.13396, RETD.
ASSISTANT ENGINEER, KSEB), RESIDING AT
THAZHATHUPURAKKAL HOUSE, VENDORE - CHUNGAM,
P.O. ALAGAPPA NAGAR, THRISSUR DISTRICT -680302.
*SUPPLEMENTAL PETITIONERS 16 TO 20 ARE
IMPLEADED AS LEGAL HEIRS OF DECEASED
PETITIONERS 3, 5, 6, 7 AND 13 RESPECTIVELY AS
PER ORDER DATED 1.3.21 IN I.A.NO.1/2021 IN W.P.
(C)NO.10711/13.
BY ADVS.
SRI.K.RAMAKUMAR (SR.)
SRI.S.M.PRASANTH
SMT.SMITHA GEORGE
SRI.T.RAMPRASAD UNNI
RESPONDENTS:
1 THE SECRETARY TO GOVERNMENT,
POWER DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695 001.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY,
VYDHYUTHY BHAVAN, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM - 695 004.
3 THE CHIEF ENGINEER, HRM, KERALA STATE
ELECTRICITY BOARD, VYDHUTHY BHAVAN,
PATTOM PALACE P.O.,
THIRUVANANTHAPURAM - 695 004.
BY ADVS.SRI.K.S.ANIL, SC, KSEB
SRI.M.K.THANKAPPAN, SC, KSEB
SRI.SUNIL KUMAR KURIAKOSE - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.10711 OF 2013(L)
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JUDGMENT
Dated this the 1st day of March 2021
At the time when this writ petition had been
filed, the original petitioners claimed the benefits
of Ext.P1 Government Order, including retiral benefits
that had been granted by the Government to its
employees. Pending this lis, many writ petitioners
died and their legal heirs have come on record.
2. When this matter was called today,
Sri.M.K.Thankappan - learned Standing Counsel for the
Kerala State Electricity Board (for short, 'the
KSEB'), submitted that a statement has been filed on
record by his client, wherein, they have explained as
to how the Government Order, referred to by the
petitioners above, is not applicable to them. He,
therefore, prayed that this writ petition be
dismissed.
3. In response to the afore submissions,
Sri.S.M.Prasanth - learned counsel appearing for the
petitioners, submitted that a judgment of a learned
WP(C).No.10711 OF 2013(L)
Division Bench of this Court in W.A.No.131 of 2011,
now covers the issues, since said judgment declares
that persons like the petitioners are entitled to all
the benefits under Ext.P1 Government Order. He thus
prayed that this writ petition be allowed.
4. When I consider the afore submissions, it is
evident that the claims of the petitioners had not yet
been decided by the KSEB in any manner, though they
have chosen to file a statement on record refuting it.
In fact, the petitioners themselves say that one among
them had preferred Ext.P2 representation before the
competent Authority of the KSEB, but the same has not
yet been disposed of.
5. I am, therefore, of the firm view that it
would not be justified for this Court to enter into
the merits of the contentions of the rival parties at
the first instance, since it is only after the KSEB
takes a decision in favour or against the petitioners,
can this Court exercise judicial review.
6. In the afore circumstances, I am certainly of
the view that the petitioners' request, as is voiced
WP(C).No.10711 OF 2013(L)
in Ext.P2 representation - though made by one among
them - should be considered by the KSEB, as if it
apply to all of them, thus leading to an appropriate
decision thereon, without any further delay.
7. That apart, since Sri.S.M.Prasanth says that
judgment of a learned Division Bench of this Court in
W.A.No.131 of 2011 covers the issues impelled in this
writ petition, it is obvious that the KSEB must
consider the petitioners' claims adverting to the said
judgment also.
In the afore circumstances, I order this writ
petition and direct the KSEB to take up Ext.P2
representation, after affording an opportunity of
being heard to the petitioners 1 and 2 (whose names
have been suggested for such purpose by their learned
counsel) - either physically or through video
conferencing - and to take an appropriate decision on
the claims mentioned therein, treating it as being
made by all the petitioners, as expeditiously as is
possible but not later than three months from the date
of receipt of a copy of this judgment.
WP(C).No.10711 OF 2013(L)
Needless to say, the petitioners will be at
liberty to place a copy of the judgment of learned
Division Bench of this Court in W.A.No.131 of 2011; in
which event, the same shall also be adverted to by the
KSEB, while the afore exercise is completed.
This writ petition is thus disposed of.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C).No.10711 OF 2013(L)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER NO.EL.1-4670/57PW
DATED 3.4.1957 ISSUED BY THE
GOVERNMENT.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED
24.1.2013 SUBMITTED BY THE PETITIONERS.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED
10.8.2010 IN WPC NO.20865 OF 2006
EXHIBIT P4 TRUE COPY OF THE ORDER NO.BO(FM)
2455/2012 DATED 18.12.2012 ISSUED BY
KSEB.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
