Allowed

Chandran B. v. the Kerala State Electricity Board

Kerala HC16 Jan 2015WP(C)/134/2015

Case brief

AI extract

What is this about?

Petitioners, Assistant Engineers, challenged an order denying monetary benefits for promotion to Overseer (Electrical) with retrospective effect. The Court directed the respondents to disburse these benefits from the effective date of promotion.

What did the court decide?

Respondents directed to disburse monetary benefits to petitioners consequent upon promotion as Overseer (Electrical) with effect from 15.11.1999.

Chandran B. Vs the Kerala State Electricity… — Pension and Retirement Benefits | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 WP(C).No. 134 of 2015 (N) --------------------------

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PETITIONER(S): --------------

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1. CHANDRAN B. AGED 50 YEARS ASSISTANT ENGINEER(ELE.), ELECTRICAL SECTION, PANMANA KERALA STATE ELECTRICITY BOARD LTD., KARUNAGAPALLY KOLLAM-690518.

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2. C. BHUVANENDRAN, ASSISTANT ENGINEER(ELE), 110KV SUB STATION, KOTTIYAM KERALA STATE ELECTRICITY BOARD, LTD., KOLLAM-691571.

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3. S. SANTHOSH KUMAR, ASSISTANT ENGINEER(ELE.), ELECTRICAL SECTION ANCHAL EAST, KERALA STATE ELECTRICITY BOARD LTD. KOLLAM-691306.

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BY ADVS.SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH

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RESPONDENT(S): ---------------

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1. THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM-695004.

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2. THE CHIEF ENGINEER(H.R.M.), KERALA STATE ELECTRICITY BOARD LTD. VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695004.

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R BY SRI.K.S.ANIL, SC, KSEB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 134 of 2015 (N)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXT P1. TRUE COPY OF THE RELEVANT EXTRACT OF 1995 LONG TERM SETTLEMENT ENTERED INTO BY KSEB AND THE TRADE UNIONS.

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EXT P2. TRUE COPY OF THE ORDER NO. EB4-120@/1999 DATED 7-2-03 ISSUED BY THE 1ST RESPONDENT.

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EXT P3. TRUE COPY OF THE JUDGMENT DATED 19-1-05 IN OP NO. 8816/03 OF THIS HON'BLE COURT.

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EXT P4. TRUE COPY OF THE JUDGMENT DATED 28-5-09 IN W.A. NO. 447/05 OF THIS HON'BLE COURT.

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EXT P5.TRUE COPY OF THE ORDER NO. EB.4(B)/CCC1229/09 DATED 7-6-2011 ISSUED BY THE 1ST RESPONDENT.

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EXT P6. TRUE COPY OF THE JUDGMENT DATED 2-7-13 IN WPC NO. 3672/12 OF THIS HON'BLE COURT.

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EXT P7. TRUE COPY OF THE JUDGMENT DATED 20-2-14 IN WPC NO. 4989/2014 OF THIS HON'BLE COURT.

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EXT P8. TRUE COPY OF THE ORDER DATED 21-4-2014 ISSUED BY THE RESPONDENTS.

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RESPONDENT(S)' EXHIBITS:NIL

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True Copy/

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P A to Judge

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A.MUHAMED MUSTAQUE, J.

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=========================

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W.P(C).No.134 of 2015

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============================ Dated this the 16^th day of January, 2015

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JUDGMENT

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Petitioners are currently working as Assistant Engineers in

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the Kerala State Electricity Board. Petitioners approached this court challenging Ext.P5 order declining monetary benefits to them with effect from 23.07.2000 consequent upon their promotion as Overseer(Electrical) with retrospective effect from 15.11.1999. The issue is covered in favour of the petitioner based on the judgments of this Court in Exts.P6 and P7.

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In the light of the above, there shall be a direction to the respondents to disburse monetary benefits to the petitioners consequent upon the promotion as Overseer (Electrical) with effect from 15.11.1999. The arrears shall be disbursed to the petitioners within a period of three months from the date of receipt of a copy of this judgment.

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The Writ Petition is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE.

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Sbna/16/01/15

Chandran B. v. the Kerala State Electricity Board

Case brief

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Chandran B. v. the Kerala State Electricity Board

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