Kerala High Court
M.C. Lakshmanan vs State Of Kerala on 4 August, 2025
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
1
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 160 OF 2014
AGAINST THE JUDGMENT DATED 15.11.2013 IN WPC NO.1417 OF 2013 OF HIGH COURT
OF KERALA
APPELLANT/S:
1 V. BABY,
AGED 80 YEARS
S/O. VARGHESE, SENIOR FOREMAN (RETIRED), KERALA STATE ELECTRICITY
BOARD, RESIDING AT MINI BHAVAN, KOOZHIKODE, S.V. MARKET P.O.,
KARUNAGAPPALLY-690573
2 G. GOPALAKRISHNA PILLAI,
AGED 80 YEARS
S/O. GOVINDA PILLAI, ASSISTANT ENGINEER (RETIRED), KERALA STATE
ELECTRICITY BOARD, RESIDING AT LALITHALAYAM, KAPPIL MEKKU, KAPPIL
WEST P.O., KRISHNAPURAM-690533
BY ADV SHRI.T.T.RAKESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM-695001
2 KERALA STATE EECTRICITY BOARD,
RERPESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695001
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
2
2025:KER:58128
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.161/2014,
180/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
3
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 161 OF 2014
AGAINST THE JUDGMENT DATED 15.11.2013 IN WPC NO.18422 OF 2012 OF HIGH COURT
OF KERALA
APPELLANT/S:
1 R. PURUSHOTHAMAN,
AGED 80 YEARS
SON OF KUNJU RAMAN, ASSISTANT ACCOUNTS OFFICER (RETIRED), KERALA
STATE ELECTRICITY BOARD, RESIDING AT RAMA NILAYAM T.C. 41-2598,
G.H.S.LANE, RA 14, MANARCAUD P.O., THIRUVANANTHAPURAM-695009
2 J. PADMAVATHY AMMA,
ASSISTANT ACCOUNTS OFFICER (RETIRED), KERALA STATEELECTRICITY
BOARD, RESIDING AT TC 15/360, SREE VIHAR, C.S.M. NAGAR, EDAPAZHANJI
JUNCTION, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM
3 T.G. GOPINATHAN,
ASSISTANT ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY
BOARD, RESIDING AT GOVIND VIHAR, EDAVATTOM P.O., KOTTARAKKARA,
KOLLAM
4 B. MALATHY,
SENIOR SUPERINTENDENT (RETIRED), KERALA STATE ELECTRICITY BOARD,
RESIDING AT SWARALAYAM, KARIKKAVILA, VAZHUTHOOR, NEYYATTINKARA
P.O., PIN-695121
5 A.A. HAKKIM,
ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITYBOARD, RESIDING
AT T.C.49-400, INDU, KUTHUKALLINMOODU, MARACAUD P.O.,
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
4
2025:KER:58128
THIRUVANANTHAPURAM-695009
6 K.M. MAMMEN,
ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY BOARD, RESIDING
AT KOCHUPLAMOOTTIL, SHARON, T.C. 41-2504, THOTTAM, MANARCAUD
P.O.,THIRUVANANTHAPURAM-695009
7 G. CHELLAPPAN ACHARI,
ASSISTANT ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY
BOARD, RESIDING AT GOKULAM, NEDUVATHOOR, NEELESWARAM P.O.,
KOTTARAKKARA, KOLLAM-691508
8 L. NALINI,
ASSISTANT ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY
BOARD, RESIDING AT SREE BHAVAN, VENGAVODU, SREEKARYAM,
THIRUVANANTHAPURAM-695017
9 K. NATARAJAN ACHARY,
SELECTION GRADE TYPIST (RETIRED), KERALA STATE ELECTRICITY BOARD,
RESIDING AT VINOD VIHAR, T.C 54-650, KARAKKA MANDAPOM, NEMOM P.O.,
THIRUVANANTHAPURAM-695020
0 M. SEKHARA PANICKER,
FAIR COPY SUPERINTENDENT (RETIRED), KERALA STATEELECTRICITY BOARD,
RESIDING AT MADHAVA VILAS, P.P. 13/543, PERPERUNGAMMALA, KALLIYOOR
P.O., THIRUVANANTHAPURAM-695042
11 P.K. SUKUMARAN,
ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY BOARD, RESIDING
AT BABU NIVAS, P.K.R.A 3-TC 9/1067, SREEKARYAM P.O.,
THIRUVANANTHAPURAM-695017
12 A. BAISEL,
ASSISTANT ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY
BOARD, RESIDING AT T.C. 27/262, TARA NO.219, KAIPPALLY LANE,
THAMPURAN MUKKU, VANCHIYOOR P.O., THIRUVANANTHAPURAM-695008
13 S. PADMANABHA PANICKER,
SENIOR SUPERINTENDENT (RETIRED), KERALA STATE ELECTRICITY BOARD,
RESIDING AT PADMAVILAS, TC 42/478, PARAMBIL JUNCTION, VALLAKKADAVU
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
5
2025:KER:58128
P.O., THIRUVANANTHAPURAM-695008
14 C. SWARNAMMA,
ASSISTANT ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY
BOARD, RESIDING AT ANLIN, KVRA 95(A), MIRANDA JUNCTION, KUNNUKUZHY,
VANCHIYOOR P.O., THIRUVANANTHAPURAM-695035
BY ADV SHRI.T.T.RAKESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM-695001
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695001
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
6
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 180 OF 2014
AGAINST THE JUDGMENT DATED 15.11.2013 IN WPC NO.17423 OF 2012 OF HIGH COURT
OF KERALA
APPELLANT/S:
1 E.N. NARAYANA PILLAI,
AGED 82 YEARS
SON OF MADHAVAN UNNITHAN, ACCOUNTS OFFICER (RETIRED), KERALA
STATE ELECTRICITY BOARD, RESIDING AT SREE VIHAR, TC 28/285, OTTUKAL
STREET, THIRUVANANTHAPURAM-695024
2 T.K. SREEVALSON,
SON OF KRISHNAN VAIDYAN, SENIOR ACCOUNTS OFFICER (RETIRED), KERALA
STATE ELECTRICITY BOARD, RESIDING AT SREE ANAND, KANNAMMOOLA,
THIRUVANANTHAPURAM-695011
BY ADV SHRI.T.T.RAKESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM-695001
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695001
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
7
2025:KER:58128
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
8
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 198 OF 2014
AGAINST THE JUDGMENT DATED 15.11.2013 IN WPC NO.25950 OF 2012 OF HIGH COURT
OF KERALA
APPELLANT/S:
1 P.A. ABDUL KARIM,
SON OF ABDUL KADER, SENIOR ASSISTANT (RETIRED), KERALA STATE
ELECTRICITY BOARD, RESIDING AT SHAJI MANZIL, NEAR PRIVATE HIGH
SCHOOL, BALARAMAPURAM P.O., NEYYATTINKARA
2 S. RAMAKRISHNA PILLAI,
AGED 84 YEARS
SON OF SASTHAMKUTTY PILLAI, ASSISTANT ACCOUNTS OFFICER (RETIRED),
KERALA STATE ELECTRICITY BOARD, RESIDING AT MAHESWARI BHAVAN,
T.C.5/650, PEROORKADA, THIRUVANANTHAPURAM-5
3 JOSHUA JOSEPH,
ASSISTANT ENGINEER (RETIRED), KERALA STATE ELECTRICITY BOARD,
RESIDING AT MEDAYIL, CHAMPAKULAM, ALAPPUZHA
4 T.J. THOMAS,
ASSISTANT ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY
BOARD, RESIDING AT EDATHIL THUNDIYIL, KAVALAM P.O., ALAPPUZHA-
688506
5 N. SIVARAMA PANICKER,
ASSISTANT ENGINEER (HG) (RETIRED), KERALA STATE ELECTRICITY BOARD,
RESIDING AT SHIVAGANGA, CMC XII, SOUTH MOONNAMKARA JUNCTION,
CHERTHALA P.O.
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
9
2025:KER:58128
6 S. SUKUMARAN NAIR,
AGED 78 YEARS
S/O. K.P. SIVARAMAN NAIR, ASSISTANT ENGINEER (HG) (RETIRED), KERALA
STATE ELECTRICITY BOARD, RESIDING AT HARI SHRE MANDIRAM, KAROOR,
AMBALAPUZHA-688561
7 K.N. MADHUSOODANAN,
SON OF NARAYANAN, ASSISTANT ENGINEER (RETIRED), KERALA STATE
ELCTRICITY BOARD, RESIDING AT ARADHANA, NALANCHIRA P.O.,
THIRUVANANTHAPURAM-695015
BY ADVS.
SHRI.LEO GEORGE
SHRI.T.T.RAKESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM-695001
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695001
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
10
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 199 OF 2014
AGAINST THE JUDGMENT DATED IN WPC NO.25856 OF 2012 OF HIGH COURT OF
KERALA
APPELLANT/S:
1 ROSILY,
W/O. LATE J. AZARIAH, RESIDING AT KARICHENVILA VEEDU, NEAR SALVATION
ARMY CHURCH, IRUMBIL, NEYYATTINKARA P.O., THIRUVANANTHAPURAM
2 T.K. KUNJAMMA,
W/O. LATE K. RAGHAVAN, RESIDING AT TC 2/1344, ANGIT, PMRA - A37,
MANGAVOORKONAM, PATTOM P.O., THIRUVANANTHAPURAM
BY ADV SHRI.T.T.RAKESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM-695001
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
VAIDHYUTHI BHAVAN,THIRUVANANTHAPURAM-695001
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
11
2025:KER:58128
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
12
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 200 OF 2014
AGAINST THE JUDGMENT DATED 15.11.2013 IN WPC NO.7216 OF 2012 OF HIGH COURT
OF KERALA
APPELLANT/S:
P.K.SREEDHARA PANICKER, AGED 80 YEARS
S/O. C.N. VELU PILLAI, ACCOUNTS OFFICER (RETIRED), KERALA STATE
ELECTRICITY BOARD, RESIDING AT PUTHENPURAYIL HOUSE, PULLAD P.O.,
PATHANAMTHITTA
BY ADV SHRI.T.T.RAKESH
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO
GOVERRNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695001
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
13
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 201 OF 2014
AGAINST THE JUDGMENT DATED IN WPC NO.598 OF 2014 OF HIGH COURT OF KERALA
APPELLANT/S:
1 K. RAMACHANDRAN,
AGED 77 YEARS
S/O. KESAVAN, ASSISTANT ENGINEER (HIGHER GRADE) (RETD.), KERALA STATE
ELECTRICITY BOARD, RESIDING AT KESAVAPURAM, MARUTHORVATTOM P.O.,
CHERTHALA
2 K.GEORGE
AGED 84 YEARS
S/O. EIPE KOSHY, ASSISTANT ACCOUNTS OFFICER(RETD.), KERALA STATE
ELECTRICITY BOARD, RESIDING AT VADASSERY JAI BHAVAN,
NARANGAPURAM, KADAKKAMON, PATHANAPUTAM P.O., PIN-689 695.
BY ADV SHRI.T.T.RAKESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM-695001
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695001
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
14
2025:KER:58128
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
15
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 206 OF 2014
AGAINST THE JUDGMENT DATED 15.11.2013 IN WPC NO.28985 OF 2012 OF HIGH COURT
OF KERALA
APPELLANT/S:
1 P. SOMANATHA KURUP,
AGED 77 YEARS
S/O. PADMANABHA PANICKER, ASSISTANT EXECUTIVE ENGINEER (RTD.),
KERALA STATE ELECTRICITY BOARD, RESIDING AT PULLOORICKAL,
SANATHANAPURAM P.O., ALAPPUZHA-688003
2 C.N. SIVASANKARA KURUP,
AGED 76 YEARS
ASSISTANT ENGINEER (HG) (RETD.), KERALA STATE ELECTRICITY BOARD,
RESIDING AT KONATTU HOUSE, CHIRAYAKOM P.O., THAKAZHY
BY ADVS.
SHRI.LEO GEORGE
SHRI.T.T.RAKESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM-695001
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
16
2025:KER:58128
2 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 001.
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
17
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 207 OF 2014
AGAINST THE JUDGMENT DATED IN WPC NO.23755 OF 2012 OF HIGH COURT OF
KERALA
APPELLANT/S:
1 K. INDIRA,
W/O. LATE V.K. ASOKAN, RESIDING AT PRIYA BHAVAN, ERAVIPURAM P.O.,
KOLLAM-11
2 C.C. BRIDGET,
W/O. LATE J. VARKEY, RESIDING AT PUTHOOTTIL HOUSE, N.T.V. NAGAR NO.3,
KADAPPAKKADA P.O., KOLLAM
3 N. RADHAMMA,
W/O. LATE N. CHANDRASENAN, RESIDING AT SARAS, HOUSE NO.437, NEAR
MARKET, MAYYANAD P.O., KOLLAM
BY ADV SHRI.T.T.RAKESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM-695001
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
18
2025:KER:58128
VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695001
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
19
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 227 OF 2014
AGAINST THE JUDGMENT DATED IN WPC NO.20596 OF 2012 OF HIGH COURT OF
KERALA
APPELLANT/S:
1 S. BHASKARAN NAIR
S/O.SANKARA PILLAI, SENIOR SUPERINTENDENT (RETIRED), KERALA STATE
ELECTRICITY BOARD, RESIDING AT SANTHI VIHAR, THOZHUKKAL,
NEYYATTINKARA P.O., THIRUVANANTHAPURAM.
2 K. SULAIMAN
SENIOR SUPERINTENDENT (RETIRED), KERALA STATE ELECTRICITY BOARD,
RESIDING AT T.C.14/1119, NOOR MAHAL, VAZHUTHACAUD, THYCAUD P.O.,
THIRUVANANTHAPURAM.
3 K. SATHY
ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY BOARD, RESIDING
AT T.C.12/1190(1), THEKKUMMOODU, VANCHIYOOR P.O.,
THIRUVANANTHAPURAM.
4 JOY ROSAMMA
SENIOR ACCOUNTS OFFICER (RETIRED0, KERALA STATE ELECTRICITY BOARD,
RESIDING AT JOY BHAVAN, T.C.28/741, CHEKKEDY LANE, PUNNAPURAM,
PETTAH P.O., THIRUVANANTHAPURAM-695024.
BY ADVS.
SHRI.LEO GEORGE
SHRI.T.T.RAKESH
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
20
2025:KER:58128
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM - 695 001.
2 KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
VAIDHUTHI BHAVAN, THIRUVANANTHAPURAM - 695 001.
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
21
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 233 OF 2014
AGAINST THE JUDGMENT DATED 15.11.2013 IN WPC NO.21496 OF 2012 OF HIGH COURT
OF KERALA
APPELLANT/S:
K. RAJALEKSHMI AMMAL,
SENIOR ACCOUNTS OFFICER (RETIRED) KERALA STATE ELECTRICITY BOARD,
R/A.SURAJ, 36-B, VINAYAKA NAGAR, NEERAMANKARA, PAPPANAMCODE P.O.,
THIRUVANANTHAPURAM
BY ADV SHRI.LEO GEORGE
RESPONDENT/S:
1 STATE OF KERALA,
REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM-695001
2 KERALA STATE ELECTRICITY BOARD,
REP. BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDHUTHI
BHAVAN, THIRUVANANTHAPURAM-695001
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
22
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 253 OF 2014
AGAINST THE JUDGMENT DATED 15.11.2013 IN WPC NO.23730 OF 2012 OF HIGH COURT
OF KERALA
APPELLANT/S:
1 R. GOPINATHAN NAIR,
S/O. KRISHNA PILLAI, ACCOUNTS OFFICER (RETIRED), KERALA STATE
ELECTRICITY BOARD, RESIDING AT LAKSHMI NIVAS, VETTIKKAVALA P.O.,
PULAMON VIA, KOTTARAKKARA-691538.
2 G. SUMATHIKUTTY AMMA,
ASSISTANT ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY
BOARD, RESIDING AT PADMASUMAM, T.C.52/997, TRA-90, STUDIO ROAD,
TRIVANDRUM-19.
3 C.R. BHASIKUTTY,
SENIOR SUPERINTENDENT (RETIRED), KERALA STATE ELECTRICITY BOARD,
RESIDING AT SARAYU, HOUSE NO.137, PALKULANGARA NAGAR,
KALLUMTHAZHOM P.O., KOLLAM-691004
4 S. MADHAVA SARMA,
SENIOR ASSISTANT (RETIRED), KERALA STATE ELECTRICITY BOARD, RESIDING
AT NEELAMANA, THAMARAKUDY P.O., KALAYAPURAM, KOTTARAKKARA
5 K. VARGHESE (DIED),
SENIOR ASSISTANT (RETIRED), KERALA STATE ELECTRICITY BOARD,
MARIYAMMA (LEGAL REPRESENTATIVE), W/O. K. VARGHESE, RESIDING AT
KIZHAKKATHIL RV VILAS, NETHAJI NAGAR NO.85, PULAMON P.O.,
KOTTARAKKARA-691537
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
23
2025:KER:58128
BY ADV SHRI.T.T.RAKESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM-695001.
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695001
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
24
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 268 OF 2014
AGAINST THE JUDGMENT DATED 15.11.2013 IN WPC NO.20576 OF 2012 OF HIGH COURT
OF KERALA
APPELLANT/S:
1 P. SUSHAMADEVI,
AGED 68 YEARS
W/O. LATE A. VASUDEVA PANICKER, RESIDING AT MONI MANIDRAM,
KATTACHALKUZHY P.O., BALARAMAPURAM, THIRUVANANTHAPURAM
2 KUNJU KUNJAMMA OOMMEN,
RESIDING AT PAKKANDATHIL HOUSE, PANDALAM P.O., PATHANAMTHITTA-
689501
3 C. ANANTHAM, W/O. LATE P. CHELLAPPAN ACHARY,
RESIDING AT T.C.61/1668, ANANDA BHAVANAM, K.B.A. CHARU MUTTATHARA,
VALLAKKADAVU P.O., THIRUVANANTHAPURAM-695008
4 A. RETNAMMA,
W/O. LATE S. SUBRAHMANIAN CHETTIYAR, RESIDING AT SURYA, T.C.29/144,
KAVARADY ROAD, PETTAH P.O., THIRUVANANTHAPURAM
5 C. SARASWATHY,
W/O. LATE K.S. CHINNASWAMY, RESIDING AT TC 21/1213, NEDUMKAD,
KARAMANA P.O., THIRUVANANTHAPURAM
BY ADVS.
SHRI.LEO GEORGE
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
25
2025:KER:58128
SHRI.T.T.RAKESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM-695001
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
VAIDHYUTHI BHAVAN, THIRUVANANTHAPURAM-695001
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
26
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 381 OF 2014
AGAINST THE JUDGMENT DATED 15.11.2013 IN WPC NO.26854 OF 2012 OF HIGH COURT
OF KERALA
APPELLANT/S:
1 M.C. LAKSHMANAN,
SPECIAL OFFICER REVENUE (RETIRED) KERALA STATE ELECTRICITY BOARD,
PPO.NO.11830, RESIDING AT ANJALI, TALAP, PALLIKKUNNU P.O., KANNUR
DISTRICT-670004.
2 P.V. KUNHIKANNAN NAIR,
ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY BOARD,
PPO.NO.4618, RESIDING AT ANJALI, BANK MENS' COLONY, THULUVANNUR
TEMPLE ROAD, THAYNERI P.O., PAYYANNUR-670307.
3 C.V. BALAKRISHNAN,
ACCOUNTS OFFICER (RETIRED) KERALA STATE ELECTRICITY BOARD,
PPO.NO.9469, RESIDING AT "PRIYA", P.M. KUTTY ROAD, P.O. ERANJIPALAM,
KOZHIKODE
4 G. SIVASANKARAN,
SPECIAL OFFICER REVENUE (RETIRED), KERALA STATE ELECTRICITY BOARD,
PPO.NO.12613, RESIDING AT "KAILAS", EDATHARA P.O., PALAGHAT-678611
5 K.M. KUNHIRAMAN NAMBIAR,
ACCOUNTS OFFICER, (RETIRED), KERALA STATE ELECTRICITY BOARD,
PPO.NO.9624, RESIDING AT KOUSTHUBHAM, KOTANCHERRY P.O., (VIA)
PURAMERI, KOZHIKODE DISTRICT-673503
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
27
2025:KER:58128
6 C. GANGADHARAN,
ASSISTANT ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY
BOARD, PPO.NO.11189, RESIDING AT "JAYASREE", VILAYANCHATHANUR P.O.,
VILAYANNUR-678671
BY ADV SHRI.P.M.PAREETH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001
2 SECRETARY TO GOVERNMENT,
POWER DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
3 KERALA STATE ELECTICITY BOARD,
REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM-695004
4 CHIEF ENGINEER HRM,
KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVANAM, PATTOM
THIRUVANANTHAPURAM-695004
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
28
2025:KER:58128
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WA NO. 1175 OF 2015
AGAINST THE JUDGMENT DATED 19.11.2013 IN WPC NO.20486 OF 2012 OF HIGH COURT
OF KERALA
APPELLANT/S:
1 K. RAJAPPAN,
S/O. KESAVAN, ACCOUNTS OFFICER (RETIRED), KERALA STATE ELECTRICITY
BOARD, RESIDING AT CHITTPALLIL VEEDU, MUTHIRAPADAM, ROAD,
THAIKKATTUKARA P.O., ALUVA
2 R. DEVARAJ,
SENIOR SUPERINTENDENT (RETIRED), KERALAS ELECTRICITY BOARD, RESIDING
AT VALIUAMANVILA VEEDU, NADUKKUNNU, CHENGAMANAD P.O.,
KOTTARAKKARA, KOLLAM -7
3 P.R. BALAKRISHAN PILLAI,
ASSISTANT DRAFTSMAN (RETIRED), KERALA STATE EELCTRIECITY BOARD,
RESIDING AT T.C.25/170, WEST THAMPANOOR, S.S.COIL ROAD,
THIRUVANANTHAPURAM
4 G. MAMACHAN,
ACCOUNTS OFFICER (RETIRED), KERALAS ELETRICITY BOARD, RESIDING AT
KOTTAYADI KIZHAKKATHIL P.O., PUTHOOR (VIA), KOTTARAKKARA, KOLLAM
5 K.V. KRISHNA PILLAI,
SPECIAL OFFICER-REVENUE (RETIRED), KERALA ELECTRICITY BOARD, RESIDING
AT RAGAM., U.G.12, ULLOOR GRARDENS, ULLOOR, THIRUVANANTHAPURAM
-695011
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
29
2025:KER:58128
6 K. RAJAMMA,
ASSISTANT ACCOUNTS OFFICER (RETIRED), KERALA ELECTRICITY BOARD,
RESIDING AT T.C.36/660, DESRA NO. 65, SREEVAS, PERUNTHANNI-P.O.,
VALLAKKADAVU, THIRUVANANTHAPURAM-8
7 G. VARGHESE,
SENIOR SUPERINTENDENT (RETIRED), KERALA ELECTRICITY BOARD, RESIDING
AT GLORIA BHAVAN, P.O. CHITTACODE, MARAPPALAM, NEYATTINKARA
8 K. KUMARAN,
SENIOR SUPERINTENDENT (RETIRED), KERALA ELECTRICITY BOARD, RESIDING
AT REGITHA BHAVAN, PUNNAMUKKU, PO, PERUMPUZHA, (VIA) KUNDRA,
KOLLAM
BY ADV SHRI.T.T.RAKESH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEFD SECRETARY TO GOVERNMENT, GOVERNMENT
OF KERALA, THIRUVANANTHAPURAM-695001
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY BOARD,
VAIDHUTHI BHAVAN, THIRUVANANTHAPURAM-695001
BY SRI K.S. ANIL, SC, KSEB
SRI SUNIL KUMAR KURIAKOSE, GP
THIS WRIT APPEAL HAVING FINALLY HEARD ON 04.08.2025, ALONG WITH WA.160/2014
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
30
2025:KER:58128
JUDGMENT
[WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014, 200/2014, 201/2014, 206/2014,
207/2014, 227/2014, 233/2014, 253/2014, 268/2014, 381/2014, 1175/2015]
Sushrut Arvind Dharmadhikari, J.
Regard being had to the similitude of the matters, these Writ
Appeals have been heard analogously and are decided by a common
judgment.
2. The intra-Court Appeal under section 5 of the Kerala High
Court Act, 1958 assails the judgment dated 15.11.2013 passed in W.P.(C)
No.1417/2013 and other connected writ petitions.
3. The brief facts of the case are that the appellants are the
retired employees of the Kerala State Electricity Board (for short,
'KSEB') and some are family pensioners. The appellants were appointed
in the Electricity Department of the Government of Kerala and,
thereafter, when the KSEB was incorporated with effect from
01.04.1957, they were transferred to KSEB and the service conditions
were protected in terms of G.O. No.EL1-4670/57/PW dated 03.04.1957.
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
2025:KER:58128
3.1 The Government by G.O.(P) No.180/06/Fin dated 18.04.2006
revised the pension and other benefits in respect of the pensioners of
the Government by adopting a scheme known as 'One Rank One Pension'.
The said revision of pension was applicable in respect of persons who
retired prior to 01.07.2004. Vide Board Order dated 10.12.2010, the
KSEB extended the same benefit to the pensioners of the Board but
making it effective only from 01.04.2010.
3.2 Being aggrieved, the appellants approached this Court in
W.P.(C) Nos.21496/2012 and connected matters relying upon a
judgment of this Court in W.P.(C) No.20865/2006 wherein the learned
Single Judge of this Court directed the KSEB to extend certain benefits
at par with the Government employees. The said judgment became
final. The appellants submitted various representations to the KSEB,
but to no avail. Therefore, the appellants had no option but to
approach this Court seeking a direction to effect revision of pension
from 01.04.2005 as per the Government Order dated 18.04.2006 and to
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
2025:KER:58128
implement 'One Rank One Pension' scheme.
3.3 The learned Single Judge dismissed the writ petitions on
the ground that it is not a question of revising the pay scales of the
employees similarly situated. However, it is a scheme adopted by the
KSEB with effect from 01.04.2010. Insofar as the liability to pay
pension is on the KSEB in terms with Clause 3 of the Government Order
dated 03.04.1957, all pensioners will be bound by such Board Orders
and they cannot fall back on the benefits granted to the Government
employees. It was also held that the Board would be at liberty to
extend any benefit in case it takes a decision as has been done vide
Board Order dated 18.12.2012 in respect of similarly situated persons.
However, the appellants would not have any legal rights to demand
implementation of 'One Rank One Pension' scheme since it is purely the
discretion of the KSEB to implement the scheme as per their own
decision.
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
2025:KER:58128
4. The learned Counsel for the appellants contended that the
learned Single Judge did not consider the settled law that 'conditions of
service' means all those conditions which regulate the holding of a post
by a person right from the time of his appointment till his retirement
and even beyond in matters like pension, etc. The impugned judgment
is against the aforementioned fundamental principle.
4.1 The learned Single Judge also failed to consider the fact
that based on the judgment dated 10.08.2010 in W.P.(C) No.20865/2006,
the Board by its order dated 18.12.2012 had decided to extend the
benefits of Exts.P2 and P3 Government Orders with effect from
01.02.1997 and 01.03.1997 respectively, to all the remaining pensioners
of the Board who were transferred from the erstwhile Electricity
Department of the State Government to the KSEB.
4.2 The view of the learned Single Judge that it is the
discretion of the Board to implement the 'One Rank One Pension' scheme
from the date which may be decided by the Board, is also not
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
2025:KER:58128
sustainable in the light of Ext.P4 judgment and the Board Order dated
18.12.2012.
4.3 On these grounds, the learned Counsel prays for setting
aside the judgment passed by the learned Single Judge.
5. Per contra, the learned Standing Counsel for the KSEB
vehemently opposed the prayers and submitted that the Government
had guaranteed various safeguards to the employees of the Electricity
Department at the time of transition to ensure that they shall not
receive any pay or allowances less than what they were entitled, had
they been in the service of the Government. According to him, though
the Government had revised the pension and other benefits consequent
to the revision of pay scales with effect from 01.07.2004, the KSEB had
implemented the same only with effect from 01.04.2010.
5.1 Further, it is contended that the appellants have not
challenged Ext.P8 Board Order dated 06.05.2010 which has the effect
from the date of the Board decision, i.e., pension for the month of April
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
2025:KER:58128
2010 onwards and not prior to that. In absence of challenge, no relief
whatsoever can be granted to the appellants. The learned Single Judge
is right in dismissing the writ petitions.
5.2 Furthermore, even the judgment [Ext.P4] in W.P.(C)
No.20865/2006 has held that the implementation of the Board's orders
in respect of employees, like the appellants, can only be from the date
on which such orders are to be adopted by the Board and the same has
attained finality upto the Apex Court. In view of the aforementioned,
no reliefs can be granted and the Writ Appeals deserve to be dismissed.
6. Heard Sri. T.T. Rakesh, learned Counsel for the Appellants,
Sri. K.S. Anil, learned Standing Counsel for the KSEB and Sri. Sunil
Kumar Kriakose, learned Government Pleader for the State. We have
perused the records of the Writ Petition as well as the Writ Appeal.
7. The reliefs sought in the W.P.(C) No.1417/2013, which are
similar in other writ petitions, are as follows:
"(i) issue a writ of mandamus or any other appropriate writ, direction
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
2025:KER:58128
or order commanding the second respondent to extend to the
petitioners the benefits of "one rank one pension" concept/scheme
ordered as per Exhibits P5 to P7 orders of the Government, with effect
from 01.07.2004 within a time limit to be prescribed by this Honourable
Court.
(ii) issue a writ of mandamus or any other appropriate writ, direction
or order commanding the second respondent to extend to the
petitioners the benefits of Exhibit P9 order of the Government with
effect from 01.07.2009, within a time limit to be prescribed by this
Honourable Court.
(iii) issue such other further relief as this Honourable Court deem fit
and proper to grant in the circumstances of the case."
8. On a perusal of the relief clauses it can be very well seen
that Ext.P8 Board Order dated 06.05.2010 has not been challenged and
in the absence of challenge the appellants would not be eligible for any
reliefs with regard to grant of pension from a retrospective date.
8.1 In these batch of cases, admittedly, the Board Order dated
06.05.2010 has not been challenged. Unless the Board Order is
challenged or is modified, the order stands. The KSEB holds complete
discretion to implement the scheme. The appellants can be given the
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
2025:KER:58128
reliefs only as per the Board Order, as the discretion is on the KSEB to
implement the scheme from a date they deem appropriate. Therefore,
the learned Single Judge is right in dismissing the Writ Petitions.
8.2 We find no error in the judgment passed by the learned
Single Judge. Accordingly, these Writ Appeals, being bereft of merit
and substance, are hereby dismissed. All Interlocutory Applications as
regards interim matters stand closed. No orders as to costs.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
jjj
WA Nos.160/2014, 161/2014, 180/2014, 198/2014, 199/2014,
200/2014, 201/2014, 206/2014, 207/2014, 227/2014, 233/2014,
253/2014, 268/2014, 381/2014, 1175/2015
2025:KER:58128
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.7216/2012 DATED
15/11/2012.
