Kerala High Court
Sivananthan K.P vs Kerala State Electricity Board Limited on 24 June, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) NO. 18791 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947
WP(C) NO. 18791 OF 2025
PETITIONER:
SIVANANTHAN K.P
AGED 57 YEARS
ASSISTANT ENGINEER (RTD), 110 KV SUB-STATION,
PARAPPANAGADI, MALAPPURAM-676 303.
(ASSARIKANDI HOUSE, PARAPPANAGADI, MALAPPURAM).
BY ADVS.
SRI.B.RAGHUNATHAN
SRI.M.SALIM
SRI.N.PARAMESWARA KUMAR
SHRI.R.SRINATH
SRI.K.JALADHARAN
SRI.V.M.JACOB
SHRI.G.BAIJU
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LIMITED
REPRESENTED BY SECRETARY, KERALA STATE ELECTRICITY
BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM., PIN - 695 004
2 CHAIRMAN AND MANAGING DIRECTOR
KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI
BHAVANAM, PATTOM, THIRUVANANTHAPURAM., PIN - 695 004
3 CHIEF ENGINEER (HRM)
KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI
BHAVANAM, PATTOM, THIRUVANANTHAPURAM., PIN - 695 004
4 DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, TIRUR, VYDYUTHI BHAVANAM,
POOKAYIL, THAZHEPPALAM, TIRUR,
MALAPPURAM., PIN - 676 107
WP(C) NO. 18791 OF 2025
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5 EXECUTIVE ENGINEER
ELECTRICAL DIVISION, MINI VYDYUTHI BHAVANAM,
TIRURANGADI, VENNIYUR, MALAPPURAM., PIN - 676 508
SRI. B. PREMOD, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18791 OF 2025
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T.R.RAVI.J
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WP(C) No.18791 of 2025
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Dated this the 24th day of June, 2025
JUDGMENT
The prayer in the writ petition is to quash Exts.P10,
P11 and P15 and for a direction to disburse the Commuted
Value of Pension and monthly pension in full with due interest
to the petitioner. There is also a prayer for a direction to pay
interest at the rate of 12 % per annum for the DCRG amount
from 01.05.2023 till 31.03.2025.
2. A counter affidavit has been filed by respondents 1
to 5. The respondents have in paragraph No.5 of the counter
affidavit stated thus;
"5. One among the retired employees, Sri. Suresh M V filed WP(C)
No.44366/2024 against the disciplinary proceedings and vide
judgment dated 08.01.2025, the Hon'ble High Court quashed the
charge memo for the incident occurred 4 years prior to his
retirement, ordering to disburse all the pensionary benefits due to
him within a period of two months. The matter has been placed
before the Full Time Directors and the Full Time Directors decided
to comply with the judgment dated 08.01.2025 in WP(C) No.
44366/2024 (Agenda No.02/16/06/25). The case of the Petitioner
is similarly placed as his tenure was from 20.04.2010 to
22.10.2017 as Sub Engineer at Electrical Section Tirurangadi and
the Memo of Charges was issued on 11.07.2024 after more than 4
years since the alleged lapse. The Petitioner retired from KSEBL
attaining superannuation on 30.04.2023."
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3. In view of the fact that the petitioner is admittedly
similarly placed to the petitioner in WPC.No.44366/2024, who
has been granted benefits pursuant to the judgment of this
Court in WPC.No.44366/2024 (Ext.P18), there is no reason
not to grant the same relief to the petitioner.
4. In the above circumstances, this writ petition is
disposed of. Exts.P10, P11 and P15 are quashed. There will be
a direction to the respondents to restore the full pension to the
petitioner and pay the Commuted Value of Pension and all
other attendant benefits including statutory interest within a
period of two months from the date of receipt of a copy of this
judgment.
Sd/-
T.R.RAVI
sn
JUDGE
WP(C) NO. 18791 OF 2025
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APPENDIX OF WP(C) 18791/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF MEMO NO.GB/EXPLANATION/CON.
NO.31060/TGDI/22-23/1781(3) DATED 14.11.2022
ISSUED BY 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE EXPLANATION SUBMITTED BY
PETITIONER TO 5TH RESPONDENT DATED
24.12.2022.
Exhibit P3 TRUE COPY OF MEMO NO.EB1/RELIEVING/AE/2023-
24/92 ISSUED BY DEPUTY CHIEF ENGINEER,
TRANSMISSION CIRCLE, MUNDUPARAMBA, MALAPPURAM
DATED 30.4.2023.
Exhibit P4 TRUE COPY OF PROCEEDINGS NO.300/GB/02/2023-
24/284(2) OF 4TH RESPONDENT DATED 25.5.2023.
Exhibit P5 TRUE COPY OF PROCEEDINGS NO.300/GB/2/2023-
24/411 OF 4TH RESPONDENT DATED 15.6.2023.
Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
PETITIONER TO 5TH RESPONDENT DATED 21.7.2023.
Exhibit P7 TRUE COPY OF LETTER
NO.300/EB1/NLC/1040838/2023-24/792 ISSUED BY
4TH RESPONDENT ADDRESSED TO 5TH RESPONDENT
DATED 31.7.2023.
Exhibit P8 TRUE COPY OF THE UNDERTAKING GIVEN BY
PETITIONER IN STAMP PAPER DATED 9.8.2023.
Exhibit P9 TRUE COPY OF PROVISIONAL PENSION
AUTHORIZATION PROCEEDINGS NO.PA VI/PPO
51283/2023-24 ISSUED BY THE ACCOUNTS OFFICER,
OFFICE OF 3RD RESPONDENT DATED 17.2.2024.
Exhibit P10 TRUE COPY OF ORDER
BO(FTD)NO.241/2024(SEC.ESTT.V/GENERAL/2024)
ISSUED BY CORPORATE OFFICE (ADMINISTRATION)
OF KSEB DATED 21.5.2024.
Exhibit P11 TRUE COPY OF MEMO OF CHARGES
NO.EBVS.7/10/2023/441 ISSUED BY 3RD
RESPONDENT DATED 11.7.2024 ALONG WITH
STATEMENT OF ALLEGATIONS.
Exhibit P12 TRUE COPY OF THE WRITTEN STATEMENT OF DEFENCE
SUBMITTED BY PETITIONER TO 3RD RESPONDENT
DATED 5.8.2024.
Exhibit P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
PETITIONER TO 2ND RESPONDENT DATED 19.7.2024.
Exhibit P14 TRUE COPY OF LETTER NO.PA VI/PPO51283/2024-25
ISSUED BY ACCOUNTS OFFICER, OFFICE OF THE
CHIEF ENGINEER (HRM) DATED 16.10.2024.
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Exhibit P15 TRUE COPY OF ORDER NO.EBVS.7/10/2023/654 OF
3RD RESPONDENT DATED 24.10.2024.
Exhibit P16 TRUE COPY OF LETTER NO.432/GB/14/2024-25/1308
ISSUED BY 5TH RESPONDENT DATED 20.11.2024.
Exhibit P17 TRUE COPY OF THE NOTE/REPRESENTATION
SUBMITTED BY PETITIONER TO EXECUTIVE
ENGINEER/ENQUIRY OFFICER, TIRUR ELECTRICAL
DIVISION DATED 21.1.2025.
Exhibit P18 TRUE COPY OF JUDGMENT IN WP(C)NO.44366 OF
2023 DATED 8.1.2025 OF THIS HON'BLE COURT.
