Kerala High Court
K.Thomas vs Kerala State Electricity Board on 3 April, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 14539 OF 2012
PETITIONER:
K.THOMAS
AGED 64 YEARS, DEPUTY CHIEF ENGINEER (RETD)
KERALA STATE ELECTRICITY BOARD,
KOLANJIKOMBIL HOUSE, MARAMON.P.O.,
PATHANAMTHITTA-689549.
BY ADV SRI.P.M.MOHAMMED SHIRAZ
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN,
PATTOM PALACE.P.O., TRIVANDRUM-695004.
2 THE CHIEF ENGINEER (HRM)
KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN,
PATTOM.P.O., TRIVANDRUM-695004.
3 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER
KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN,
PATTOM.P.O., TRIVANDRUM-695004.
BY ADV SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
SATHISH NINAN, J.
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W.P.(C)No.14539 of 2012
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Dated this the 3rd day of April, 2024
JUDGMENT
The petitioner retired from the service of the 1 st
respondent Board on 31.05.2003. He is aggrieved by the
non-reckoning of his prior service in the Department of
Posts and Telegraphs for the purpose of calculating
pension.
2. I have heard the learned counsel on either
side.
3. The petitioner joined the service of the 1 st
respondent Board on 04.06.1976 and retired on
31.05.2003. Prior to his joining in the 1 st respondent
Board, he served in the Department of Posts and
Telegraphs from 05.06.1972 to 31.05.1976.
4. After joining the service of the 1 st respondent
Board, the petitioner submitted a request before the
Board to reckon his period of service in the P&T
Department also for the purpose of pension. Ext.P2 is
the application submitted in the said regard. As per
Ext.P3, the Board rejected the request stating that the
liability with respect to the pro-rata pension is to be
absorbed by the P&T Department.
5. As noticed earlier, the petitioner retired
from service on 31.05.2003. Thereafter, he again
submitted Ext.P5 request reiterating his contention that
the prior services in the Central Government service may
be reckoned for the purpose of calculating pension. The
request was rejected by the 1 st respondent Board as per
Ext.P6. Aggrieved by the same that the petitioner has
approached this Court.
6. Ext.P4 is the Board Order of the 1 st respondent
dated 12.01.2000. The relevant portion thereof is in
paragraph No.3, which reads as under;
"(3) Having considered all aspects of the matter in detail, the
Board hereby orders that the benefit of reckoning of service
rendered by Board employees in the Central/State
Government/Autonomous bodies/Quasi Government
Organisation etc., prior to their appointment/absorption in
KSE Board upto 12.03.1992 the date of the relevant Board
Order read as their paper above, for pensionary benefit as
contemplated in the Board Orders referred to 1 to 4 will be
allowed even if the reason for quitting the earlier organisation
is not clearly mentioned in the service records provided the
employee had joined Board's service without break or within
the admissible joining time and the claim is otherwise found to
be genuine and admissible as per the relevant Board Orders
and the provisions in Kerala Service Rules."
Going by the said order, the prior services rendered by
the petitioner in the P&T Department is liable to be
reckoned. Ext.P4 does not state that the pro-rata
liability for pension is to be borne by the earlier
organisation.
7. As is evident from Ext.P7 Board Order dated
10.12.2002, the Kerala Service Rules have been made
applicable to the employees of the Board. Note 2 of Rule
11 of Part III of the Kerala Service Rules, which came
into force w.e.f. 12.11.2002, provides that the prior
services of the employee is liable to be reckoned, and
the liability for the pensionary benefits for the
services in the earlier department is also be borne by
the department in which the employee was working at the
time of his retirement. In the light of the above, the
petitioner is entitled to have his earlier services in
the P&T Department (from 05.06.1972 to 31.05.1976), to
be reckoned for pension.
8. The above view is supported by the judgment of
this Court in Babu M. Poulose v. Kerala State
Electricity Board, Tvm and others (2014 (2) KHC 187).
The said decision has been affirmed by a Division Bench
in W.A.No.1660 of 2014.
In the above view of the matter, the writ petition
is allowed. It is declared that the petitioner's service
in the Department of P&T for the period from 05.06.1972
to 31.05.1976 is liable to be counted as qualifying
service for the purpose of calculating pension. However,
it is ordered that the petitioner shall not be entitled
for interest. Considering the fact that the petitioner
is presently aged 75 years, the Board shall take
expeditious steps to have the pension re-fixed and the
arrears disbursed.
Sd/-
SATHISH NINAN
JUDGE
yd
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF CERTIFICATE NO.PTA/SQ-
1665 DATED 26.06.1976 OF DIVISIONAL
ENGINEER PHONES [ADMN].
EXHIBIT P2 TRUE PHOTOCOPY OF REPRESENTATION DATED
20.07.1990 OF THE PETITIONER.
EXHIBIT P3 TRUE PHOTOCPY OF LETTER
NO.ESTT.G1/155/90 DATED 27.08.1990 OF
THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS
OFFICER.
EXHIBIT P4 TRUE PHOTOCPY OF B.O.
NO.95/2000/ESTT.IV/5596/99 DATED
12.01.2000.
EXHIBIT P5 TRUE PHOTOCOPY OF REPRESENTATION DATED
26.09.2011.
EXHIBIT P6 TRUE PHOTOCOPY OF LETTER DATED
03.04.2012.
EXHIBIT P7 TRUE PHOTOCOPY OF B.O. [FB] NO.1664/2002
DATED 10.12.2002.
EXHIBIT P8 TRUE PHOTOCOPY OF G.O.[P]NO.651/2003
DATED 06.12.2003.
EXHIBIT P9 TRUE PHOTOCOPY OF RESIGNATION LETTER
DATED 27.05.1976.
EXHIBIT P10 TRUE PHOTOCOPY OF ORDER NO.PTA-SQ-1665
DATED 31.05.1976 OF THE DISTRICT
MANAGER, TELEPHONES, PUNE.
2ND RESPONDENT EXHIBITS
EXHIBIT R2(A) TRUE COPY OF THE GO.O. DATED 31.03.1987.
