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C.M.Latheef Vs Kseb — Pension and Retirement Benefits | Kerala HC (2009)

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Kerala HC
2009
C.M.Latheef Vs KsebC.M.Latheef v. Kseb

Disposed

C.M.Latheef v. Kseb

Kerala HC8 Oct 2009WP(C)/23693/2009

Case brief

AI extract

What is this about?

High Court directed KSEB to revise the petitioner's pension and disburse arrears within three months after receiving the judgment copy.

What did the court decide?

Directed 3rd respondent to revise petitioner's pension and disburse arrears within three months of judgment receipt.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.GIRI

THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931

WP(C).No. 23693 of 2009(F)

PETITIONER(S):

C.M.LATHEEF SENIOR ASSISTANT(RETD.) CHANDUKANPARAMBIL ERATTUPETTA-2.

BY ADV. SRI.SEBASTIAN DAVIS

RESPONDENT(S):

K.S.E.B. REP. BY ITS SECRETARU, VYDYUTHI BHAVAN, PATTOM,THIRUVANANTHAPURAM.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the 3rd respondent is directed to revise the petitioner's pension and disburse arrears within a fixed time.

Parties & counsel

AI extract

petitioner
C.M. LATHEEF SENIOR ASSISTANT(RETD.)
respondent
K.S.E.B.

Coram

AI extract

V. GIRI

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 8 Oct 2009 · October
Registered: 18 Aug 2009
Case no.: WP(C)/23693/2009

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Cite this judgement

C.M.Latheef v. Kseb, WP(C)/23693/2009 (KL), decided on 8 October 2009.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

V. GIRI

Parties & counsel

Outcome

Directed 3rd respondent to revise petitioner's pension and disburse arrears within three months of judgment receipt.

Issue for consideration

Whether the 3rd respondent is directed to revise the petitioner's pension and disburse arrears within a fixed time.

Detailed headnote1 paragraphs

Petitioner sought revision of his pension following a KSEB pension revision order which had not been applied to him. The High Court directed the 3rd respondent to ensure the petitioner receives revised pension within three months of the judgment and to disburse arrears due from 1st July 2003 within the same timeframe.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

EXECUTIVE ENGINEER, ELECTRICAL DIVISION K.S.E.B., PALA.

ACCOUNTS OFFICER, PENSION AUDIT, OFFICE OF THE THE CHIEF ENGINEER (HRM) VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.

SC SRI.K.S.ANIL

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23693 of 2009

APPENDIX

EXHIBITS EXT.P1TRUE PHOTOCOPY OF THE REPRESENTATION DATED 5.1.09 FILED BEFORE R2 EXT.P2LETTER DATED 8.1.09 ISSUED BY R2 TO R3 EXT.P3REMAINDER DATED 11.3.09 ISSUED TO R3 BY THE PETITIONER EXT.P4REMAINDER DATED 5.5.09 ISSUED TO R3 BY THE PETITIONER

(TRUE COPY)

P.A TO JUDGE

V.GIRI, J

W.P.(C).23693/2009

Dated this the 8^th day of October, 2009

JUDGMENT

Petitioner retired from service as Senior Assistant in the KSEB on 28.2.2001. The pension of the employees of the KSEB was revised. According to the petitioner, his pension has not been revised so far. He is therefore, receiving pension in the pre-revised scale. Writ petition has been filed praying for the following reliefs:-

(i).To issue a writ of mandamus directing the 3^rd respondent to revise the pension of the petitioner taking note of the order dated 11.11.2008 issued by the 1^st respondent as D.O. (F.B) No.2748/2008 (PSI/1428/2007) and also to disburse the arrears of pension due to the petitioner from 1^st July 2003 within a period fixed by this Honourable Court.

(ii).Direct the 3^rd respondent to dispose of Ext.P1 taking note of Ext.P2 immediately.

Learned counsel for the KSEB submits that the Chief Engineer (HRM) has already issued directions to the Executive engineer (Electrical Division) to revise the petitioner's pension.

W.P.(C).23693/2009

2

In the circumstances, 3^rd respondent shall see that the petitioner receives the revised pension as early as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Arrears as on date shall be disbursed to the petitioner within the aforementioned time frame.

Writ petition is disposed of as above.

V.GIRI, Judge

mrcs

CNR

KLHC010652792009

Topic

Pension and Retirement Benefits

Bench

Disposal

DISPOSED OF

8 Oct 2009

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