Baby Girija.K vs Kerala State Electricity Board Ltd
2024 Latest Caselaw 19025 Ker

Kerala High Court

Baby Girija.K vs Kerala State Electricity Board Ltd on 28 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE BASANT BALAJI

        FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946

                        W.P.(C) NO.139 OF 2024

PETITIONERS:


    1       BABY GIRIJA.K, AGED 55 YEARS,
            W/O. LATE RADHAKRISHNAN.N, 'SARADA MANDIRAM',
            THENNADY CHIRAYAKOM, THAKAZHY, ALAPPUZHA DISTRICT,
            PIN - 688 562
    2       JAYALAKSHMI.B, AGED 23 YEARS,
            D/O.LATE RADHAKRISHNAN.N, 'SARADA MANDIRAM',
            THENNADY, CHIRAYAKOM, THAKAZHY,
            ALAPPUZHA DISTRICT, PIN - 688 562

            BY ADVS.
            G.SUDHEER
            R.HARIKRISHNAN (H-308)
            SMRITHI S.S.




RESPONDENTS:


    1       KERALA STATE ELECTRICITY BOARD LTD.,
            REPRESENTED BY ITS SECRETARY, VYDHYUDHI BHAVAN,
            PATTOM, THIRUVANANTHAPURAM, PIN - 695 004
    2       CHIEF ENGINEER (HRM),
            VYDHYUDHI BHAVAN, PATTOM,
            THIRUVANANTHAPURAM, PIN - 695 004
    3       ACCOUNTS OFFICER, PENSION SECTION,
            KERALA STATE ELECTRICITY BOARD LTD.,
            VYDHYUDHI BHAVAN, PATTOM,
            THIRUVANANTHAPURAM, PIN - 695 004
                                     2
WPC No. 139/2024




       4       THE EXECUTIVE ENGINEER,
               ELECTRICAL DIVISION,
               KERALA STATE ELECTRICITY BOARD LTD.,
               OFFICE ALAPPUZHA, PIN - 688 007
       5       ASSISTANT EXECUTIVE ENGINEER,
               OFFICE OF THE EXECUTIVE ENGINEER, KSEB LTD.,
               ALAPPUZHA, PIN - 688 007


OTHER PRESENT:


               SRI. K.S ANIL, SC


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                    3
WPC No. 139/2024




                                            JUDGMENT

(Dated: 28th June, 2024)

The petitioner approached this court seeking the following

reliefs:

i) Declare that 1st petitioner is entitled to get the Family Pension, gratuity commuted pension and other terminal benefits in respect of Late Radhakrishnan.N

ii) Declare that 2nd petitioner is entitled to get employment under compassionate ground / Die-in-harness scheme.

iii) Issue a writ of mandamus commanding and compelling respondents 1 & 2 to take decision on Ext.P7 & P3 respectively within a time limit as fixed by this Hon'ble Court.

iv) dispense with filing of the English translation of vernacular documents.

v) such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of Justice.

2. Learned standing counsel appearing for the respondents

has made available the proceedings dated 15.03.2024 of the Chief

Engineer, Human Resource Management, by which disciplinary

proceedings initiated against late Radhakrishnan have been

dropped and the Executive Engineer who was directed to sanction

and disburse the terminal benefits and also expedite action

for processing of documents for employment assistance to his legal

heirs.

3. Heard counsel on either side.

Accordingly, the writ petition is disposed of, directing

respondents 3 and 4 to sanction and disburse the terminal benefits

in respect of late Radhakrishnan to the petitioner upon production

of the relevant documents within two months from that date. The

employment assistance to be given to the petitioners shall also be

processed in accordance with law.

Sd/-

BASANT BALAJI, JUDGE ss

APPENDIX OF WP(C) 139/2024

PETITIONER EXHIBITS:

Exhibit P 1 COPY OF THE DEATH CERTIFICATE OF LATE RADHAKRISHNAN.N DATED 19.1.2023 ISSUED FROM THE OFFICE OF THE REGISTRAR OF BIRTHS AND DEATHS, THAKAZHY GRAMA PANCHAYATH Exhibit P 2 COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 27.6.2022 ISSUED BY THE THASILDAR, KUTTANADU Exhibit P 3 COPY OF THE APPLICATIONS SUBMITTED BY 1ST PETITIONER DATED 23.6.2022 FOR ISSUANCE OF FAMILY PENSION, GRATUITY, COMMUTED FAMILY PENSION ETC Exhibit P 4 COPY OF LETTER NO.EB3/PENSION PAPER/2022-23/ 563 DATED 22.8.2022 Exhibit P 5 COPY OF THE LETTER NO.EBPS 23/2333/2022/38 DATED 27.9.2022 ISSUED BY THE 2ND RESPONDENT TO 3RD RESPONDENT Exhibit P 6 COPY OF THE REPRESENTATION DATED 23.7.2023 SUBMITTED BY 1ST PETITIONER TO 2ND RESPONDENT Exhibit P 7 COPY OF THE APPLICATION FOR APPOINTMENT UNDER EMPLOYMENT ASSISTANCE SCHEME UNDER DIE-IN-

HARNESS SCHEME DATED 23.6.2022 Exhibit P 8 COPY OF THE ORDER IN CMP NO.1427/2023 Exhibit P 9 THE REPLY DATED 7.2.2023 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, DISTRICT COURT, ALAPPUZHA Exhibit P10 PETITION FILED UNDER RULE 154 OF THE KERALA HIGH COURT RULES