Kseb Pensioners Koottayma, Rep By ... vs State Of Kerala Represented By The ...
2023 Latest Caselaw 8430 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                   WP(C) NO. 25360 OF 2023
PETITIONER:

          KSEB PENSIONERS KOOTTAYMA,
          REP BY THE GENERAL SECRETARY
          KP 13/647, KANNARKADU, MANGALAPURAM,
          MUHAMMA P.O., ALAPPUZHA DISTRICT - 688525
          HAVING ITS ADMINISTRATIVE OFFICE AT
          KRISHNA NIVAS, T.C. 82/4275, MALLOOR ROAD,
          VANCHIYOOR, THIRUVANANTHAPURAM - 695035
          BY ADVS.
          REJI MATHEW.M
          N.SAJU THOMAS
          ABRAHAM.A
          MATHEW VARGHESE
          SABU K. VARGHESE
          D.G.SURESH

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY
          GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     SECRETARY TO THE GOVERNMENT
          POWER(C) DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    3     THE KERALA STATE ELECTRICITY BOARD LIMITED,
          REP BY THE CHAIRMAN & MANAGING DIRECTOR
          VYDYUTHI BHAVANAM, PATTOM,
          THIRUVANANTHAPURAM, PIN - 695004
    4     THE CHAIRMAN & MANAGING DIRECTOR
          THE KERALA STATE ELECTRICITY BOARD LIMITED,
          VYDYUTHI BHAVANAM, PATTOM,
          THIRUVANANTHAPURAM, PIN - 695004
    5     THE CHAIRMAN,
          KERALA STATE ELECTRICITY REGULATORY
          COMMISSION, KPFC BHAVAN,
          C.V. RAMAN PILLAI ROAD, VELLAYAMBALAM,
          THIRUVANANTHAPURAM, PIN - 695005
 W.P.(C).No. 25360 of 2023
                                           :2:


      6        KERALA STATE ELECTRICITY BOARD LIMITED
               EMPLOYEES-MASTER PENSION AND GRATUITY TRUST
               REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR
               AND THE PRINCIPAL TRUSTEE, VYDYUTHI BHAVANAM,
               PATTOM, THIRUVANANTHAPURAM, PIN - 695004
               BY ADVS.
               SMT.K.G.SAROJINI[GP]
               SRI.K.S.ANIL[SC]
               SRI.VIPIN T.VARGHESE [R5]



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.08.2023,            THE   COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 25360 of 2023
                                 :3:


                   DEVAN RAMACHANDRAN, J.
                =========================
                    W.P.(C).No. 25360 of 2023
               ==========================
               Dated this the 7th day of August, 2023

                            JUDGMENT

Even though there are various assertions and allegations

made in this writ petition, it is obvious that, at the first instance,

this Court cannot enter into the same on its merits because it

certainly will involve a detailed evaluation of factual factors and

documentary inputs.

2. Sri.Reji Mathew M. - learned counsel for the petitioner,

pointed out that, ever since the 6 th respondent - Trust had been

constituted, its functioning has been impeded on account of the

lack of assistance, monetarily and otherwise, from the 1 st

respondent - State of Kerala and the 3 rd respondent - Kerala

State Electricity Board Ltd. (KSEB). He added that, on account

of this, its functioning has been totally deracinated; and,

therefore, that his client has been left without any other option

but to approach this Court through this writ petition.

3. In response, Sri.K.S.Anil - learned Standing Counsel for

the KSEB, submitted that the issue regarding funding of the 6 th

respondent, as also making available the funds required for its W.P.(C).No. 25360 of 2023

functioning, if any, has to be first decided by the Government,

since it is for them to take a policy decision on such aspects.

4. Sri.Vipin T. Varghese - learned Standing Counsel for the

5th respondent, submitted that he does not have any comment to

make on the controversy projected in this case and that his

client will abide by any directions to be issued by this Court.

5. Smt.K.G.Sarojini - learned Government Pleader,

submitted that though she does not have instructions on the

specific assertions of the petitioner, the fact remains that they

have not approached the Government, before having come to

this Court. She asserted that the petitioner ought to have

approached the competent Authority of the Government of

Kerala, or the KSEB, with their representations; and that in the

absence of the same, a decision on the issues impelled by them

had not been able to be taken up.

6. However, in reply, Sri.Reji Mathew M - learned counsel

for the petitioner, submitted that it is not true that his client has

not approached the Government, and pointed out Exts.P9 to P11

representations in substantiation.

7. Even when I hear Sri.Reji Mathew M. on the afore lines,

the fact remains that Ext.P11 has been addressed to the W.P.(C).No. 25360 of 2023

Hon'ble Minister and not the State of Kerala; while other

representations are preferred before the KSEB.

8. I am, therefore, of the firm view that liberty must be

reserved to the petitioner to make a proper representation

before the State of Kerala, so that it can be taken up and

disposed of without any avoidable delay.

In the afore circumstances, and since it will certainly be for

the 1st respondent to take a decision on the aspects projected by

the petitioner in this writ petition - they being the supervisory

policy Authority for the KSEB - I order this writ petition,

granting liberty to the petitioner to make an appropriate

representation before its competent Authority; and if this is

done within a period of one month from the date of receipt of a

copy of this judgment, same shall be considered by its

competent Authority, after affording them, as also the 3 rd

respondent, an opportunity of being heard; thus culminating in

an appropriate order and necessary action thereon, as

expeditiously as is possible, but not later than four months

thereafter.

I make it clear that, though I have not entered into the

merits of any of the rival contentions, the 1 st respondent shall W.P.(C).No. 25360 of 2023

keep in mind the specific contention of the petitioner that, ever

since its inception, the 6th respondent has not been able to

function on account of lack of support from Government or the

KSEB, as the case may be.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 25360 of 2023

APPENDIX OF WP(C) 25360/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 27-10-2021 AND BYE-LAWS OF THE KSEB PENSIONERS KOOTTAYMA Exhibit P2 TRUE COPY OF THE KERALA ELECTRICITY FIRST TRANSFER SCHEME, 2008 ISSUED UNDER GO (MS.) NO.37/2008/PD DATED 25 SEPTEMBER 2008 WITHOUT SCHEDULES Exhibit P3 TRUE COPY OF THE KERALA ELECTRICITY SECOND TRANSFER SCHEME (RE-VESTING) 2013 ISSUED UNDER GO (P) NO.46/2013/PD DATED 31ST OCTOBER 2013 WITHOUT SCHEDULES Exhibit 4 TRUE COPY OF THE BYE-LAWS DATED 10-02-

2015 OF THE KERALA STATE ELECTRICITY BOARD LIMITED EMPLOYEES-MASTER PENSION AND GRATUITY TRUST Exhibit P5 TRUE COPY OF THE TRIPARTITE AGREEMENT DATED 01-08-2014 ENTERED INTO ON 01-08-

2014 AMONG THE GOVERNMENT OF KERALA, KERALA STATE ELECTRICITY BOARD LIMITED, AND THE UNIONS AND ASSOCIATIONS REPRESENTING WORKMEN AND OFFICERS OF THE ERSTWHILE KERALA STATE ELECTRICITY BOARD Exhibit P6 TRUE COPY OF THE AMENDMENT TO THE KERALA ELECTRICITY SECOND TRANSFER SCHEME (RE- VESTING) 2015 ISSUED UNDER THE GO(P) NO. 3/2015/PD DATED 28-01-2015 Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE TRUING UP ORDERS DATED 25-06-2021 FOR THE FINANCIAL YEARS 2017-18 Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF THE TRUING UP ORDERS DATED 24-06-2022 FOR THE FINANCIAL YEAR 2020-21 Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 27-

11-2021 SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 25-

07-2023 SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 28-

05-2022 SUBMITTED BEFORE THE HON'BLE MINISTER FOR ELECTRICITY RESPONDENTS' EXHIBITS : NIL