[Cites 1, Cited by 0]
Kerala High Court
Kerala State Electricity Board Ltd vs Sivarajan P.K on 27 March, 2026
Author: Devan Ramachandran
Bench: Devan Ramachandran
1
WA 3037/2025
2026:KER:27182
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
WA NO. 3037 OF 2025
AGAINST THE JUDGMENT DATED 14.06.2024 IN WP(C) NO.17590 OF 2018 OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
REGISTERED OFFICE, VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
2 THE SECRETARY (ADMINISTRATION),
KERALA STATE ELECTRICITY BOARD LTD., REGISTERED OFFICE,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
3 THE ACCOUNTS OFFICER (PENSION SANCTION),
KERALA STATE ELECTRICITY BOARD LTD., REGISTERED OFFICE,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
4 THE ACCOUNTS OFFICER (PENSION AUTHORISATION),
KERALA STATE ELECTRICITY BOARD LTD REGISTERED OFFICE,
VYDYUTHI BHAVANAM, PATTOM,THIRUVANANTHAPURAM, PIN - 695004
5 THE CHIEF ENGINEER(HRM),
KERALA STATE ELECTRICITY BOARD LTD., REGISTERED OFFICE,
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
BY SC, SHRI ASHOK SHENOY
SHRI M.S.AMAL DHARSAN
SHRI.NOEL JACOB
DR.THUSHARA JAMES
2
WA 3037/2025
2026:KER:27182
RESPONDENT/PETITIONER:
SIVARAJAN P.K.,
AGED 60 YEARS
RETIRED SENIOR ACCOUNT OFFICER, KERALA STATE ELECTRICITY
BOARD LTD.,OFFICE OF THE CHIEF ENGINEER (HRM), REGISTERED
OFFICE, VYDYUTHI BHAVANAM, PATTOM,THIRUVANANTHAPURAM-695
004, RESIDING AT PERUMOOZHICKAL, 34/2602 A, BHAGYATHARA
NAGAR, MAMANGALAM,PALARIVATTOM, KOCHI-682024
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.03.2026, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WA 3037/2025
2026:KER:27182
JUDGMENT
(Dated this the 27th day of March 2026)
Basant Balaji J.,
The present appeal is filed by the respondents aggrieved
by the judgment of the learned Single Judge dated 14.6.2024
in W.P.(C) No.17590 of 2018, wherein, the direction to
refund the excess amount drawn by the respondent due to the
wrong fixation of pensionary benefits, was set aside.
2. The respondent, originally an employee of the High
Court of Kerala with prior service spanning from 1st July
1983, to 3rd September 1994, joined the Kerala State
Electricity Board (KSEB) on 5th September 1994, following
a Public Service Commission appointment. Upon joining, he
requested that his tenure at the High Court be reckoned
toward his total service under the KSEB. Following the letter
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from the Registrar of the High Court, the KSEB approved
this request and updated his service book entries to include
the prior period as qualifying service for pensionary benefits.
3. Upon his superannuation on 31st October 2013, the
respondent's retirement and pensionary benefits were
initially fixed. However, the KSEB later determined that his
service from 1st July 1983 to 3rd September 1994, should not
have been reckoned, asserting that High Court service does
not constitute service under a government department.
Consequently, the KSEB issued Ext.P9 order on 16th May
2018, to rectify this calculation, a decision which the
respondent has now challenged through the present Writ
Petition.
4. The learned Single Judge, after considering the
appellant's contentions in view of Rules 10 and 20 of Part III
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of the Kerala Service Rules, affirmed that the respondent's
prior service in the High Court could not be counted toward
his pension, thereby upholding the order to re-fix his benefits
by excluding that period. However, regarding the recovery
of the excess payment totalling Rs.14,56,695/-, the Court
relied on the judgment in State of Punjab and others v.
Rafiq Maish (White Washer) [(2015) 4 SCC 334] and held
that since the overpayment did not result from any
misrepresentation on the part of the employee, he was not
liable for a refund. Furthermore, on the grounds of fairness
and equity, the learned Single Judge directed that any
additional amounts received by the respondent during the
pendency of the Writ Petition should also not be refunded.
5. The employee retired on 31st October 2013, and
the Writ Petition was subsequently filed in 2018. This Court
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noted that an interim order had stayed the recovery of funds
pursuant to Ext.P9 order till disposal of the Writ Petition.
Considering this aspect, the learned Single Judge held that
the amounts drawn by the respondent during the pendency
of the Writ Petition were also protected from recovery,
asserting that such payments should not be refunded.
6. Counsel for the appellants/KSEB submitted that the
Board is aggrieved by that part of the judgment interdicting
the recovery of a substantial sum to which the respondent is
not legally entitled, based on the finding of the learned
Single Judge that High Court service cannot be counted
toward pensionary benefits. The appellants further
contended that because an interim stay against recovery
remained in force from the filing of the Writ Petition until its
disposal on 14th June 2024, the respondent should not be
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permitted to benefit from a delay occasioned by his own act.
7. If the appellants been truly aggrieved by the interim
stay, they ought to have filed a petition to vacate the order
and seek an expedited disposal, especially given that the
matter pertained to monetary benefits. Furthermore, the
learned Single Judge's finding that recovery is
impermissible based on the dictum of Rafiq Maish (supra)
renders the appellants' contention unsustainable.
Considering that the respondent retired as far back as 31st
October 2013, this Court is of the opinion that directing him
for a refund of amounts received through no fault of his own
would impose an undue and excessive hardship.
Consequently, we find the grounds of appeal without merit
and hence, no interference with the original judgment is
warranted.
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The Writ Appeal fails, and it is dismissed.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
Sd/-
BASANT BALAJI, JUDGE
dl/
