Dileeb B vs The Union Of India
2023 Latest Caselaw 5921 Ker

W.A. No. 467/2013                  :1:



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

                                    &

           THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

         WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945

                           WA NO. 467 OF 2013

 AGAINST THE ORDER/JUDGMENTWPC 37228/2010 OF HIGH COURT OF KERALA

APPELLANT/PETITIONER:

             DILEEB B
             AGED 44 YEARS
             S/O. K. BHANU, SENIOR ASSISTANT ELECTRICAL DIVISION,
             KERALA STTE ELECTRICITY BOARD, KARUNAGAPPALLY, KOLLAM
             DISTRICT KERALA STATE.
             BY ADV SRI.V.A.MUHAMMED

RESPONDENTS/RESPONDENTS:

     1       THE UNION OF INDIA
             REPRESENTED BY SECRETARY, MINISTRY OF INFORMATION AND
             BROAD CASTING, SHASTRI BHAVAN, NEW DELHI-1.
     2       THE DIRECTOR GENERAL
             ALL INDIA RADIO, AKASHAVANI BHAVAN, NEW DLHI-1.
     3       THE STATE OF KERALA,
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT, POWER
             DEPARTMENT, GOVERNMENT
             SECRETARIAT,THIRUVANANTHAPURAM-695 001.
     4       THE SECRETARY,
             KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN,
             THIRUVANANTHAPURAM-695 001.
     5       THE EXECUTIVE ENGINEER,
             KERALA STATE ELECTRICITY BOARD, ELECTRICITY DIVISION
             OFFICE, KARUNAGAPPALLY-690 518.
             BY ADVS.
             SRI.K.S.ANIL, SC, KSEB
             SMT.ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD
             LIMITED
             R3 BY SRI. ANTONY MUKKATH, SR. GOVERNMENT PLEADER
             R2 BY SRI. MANU S., DSGI



THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24.05.2023, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A. No. 467/2013                  :2:


        SHAJI P. CHALY & SHOBA ANNAMMA EAPEN, JJ.
         ---------------------------------------------------------
                         W.A. No. 467 of 2013
          ---------------------------------------------------------
                   Dated this the 24th day of May, 2023.
                                 JUDGMENT

SHAJI P. CHALY, J.

The petitioner in W.P.(C) No. 37228 of 2010 has preferred the

captioned appeal challenging the judgment of the learned single

Judge dated 12.06.2012, whereby the claim raised by the appellant

to reckon the services rendered by the appellant in All India Radio

towards pension and other benefits to the services rendered as

Senior Assistant in Kerala State Electricity Board, was declined.

2. In fact, the learned single Judge has rendered the

judgment after a thorough scrutiny of the provisions of part III of

the Kerala Service Rules and the dictum laid down by a Division

Bench of this Court in Babu P.K. v. the Chief Engineer, K.S.E

Board and others [2007(1) KLJ 35].

3. While the writ appeal was pending, Original Petitions were

filed by the State challenging the orders passed by the Kerala

Administrative Tribunal allowing the Original Application seeking

similar reliefs filed by the State Government employees, and

directing that the services rendered by the said applicants in the

statutory Corporations and autonomous bodies prior to their joining

the Government service, to be reckoned as qualifying service for the

purpose of pension.

4. It appears, the Tribunal had allowed the Original

Applications based on a Division Bench judgment of this Court in

Mohammed Basheer A v. State of Kerala and others [2014 (4)

KHC 658], wherein it was declared that the State Government

employees are entitled to get their past service in autonomous

bodies or the Pubic Sector Undertaking, reckoned as qualifying

service for the purpose of pension. While the Original Petitions

were under consideration, a Division Bench made a reference to a

Larger Bench noticing that Babu P.k (supra) has taken a contrary

view finding that pension to be payable only on the basis of the

rules in part III of the KSR, taking into account the qualifying

service reckoned in terms of the said Rules.

5. It was also noticed that, in the writ petition leading to the

appeal in question, the learned single Judge has expressed the

same view as in Babu P.K (supra). Accordingly the Full Bench,

while considering the Original Petitions, has taken note of the

judgment rendered by the learned single Judge leading to the

present appeal and held that the proposition of law laid down in

Babu P.K (supra) and followed by the learned single Judge is the

correct legal position.

6. After elaborately considering the legal position, the Full

Bench in Jayakumar S and others v. State of Kerala and

others [2021 (5) KHC 157] held that the decision in Mohammed

Basheer is not a correct law; accordingly, it was overruled, and the

decision rendered by the Division Bench in Babu P.K (supra) and

the judgment of the learned single Judge leading to the present

appeal are affirmed. The said judgment of the Full Bench has

become final and binding.

7. In that view of the matter, it can be seen that the issue

raised by the appellant to reckon the service rendered by him in the

All India Radio is covered by the Full Bench judgment in

Jayakumar S (supra), against the appellant. Therefore, after

having heard the learned counsel for the appellant and the learned

Government Pleader, we are of the view that the writ appeal

deserves to be dismissed, in the light of the Full Bench judgment in

Jayakumar S (supra).

Accordingly, this writ appeal is dismissed.

sd/-

SHAJI P. CHALY, JUDGE.

sd/-

SHOBA ANNAMMA EAPEN, JUDGE.

Rv

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APPENDIX

APPELLANT'S ANNEXURES:NIL

RESPONDENTS' ANNEXURES:

ANNEXURE R1(a) TRUE COPY OF THE ORDER DATED 30.03.1994 ANNEXURE R1(b) TRUE COPY OF THE ORDER DATED 31.03.1994. ANNEXURE R1(c) TRUE COPY OF THE ORDER DATED 26.11.2009. ANNEXURE R1(d) TRUE COPY OF THE LETTER DATED 21.12.2009.

True Copy

PS To Judge.

rv