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Aboobacker Sidhikh K v. Kerala State Electricity Board, Thiruvananthapuram

Kerala HC7 Jan 2015WP(C)/34668/2014

Case brief

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What is this about?

Five service petitioners challenged the denial of financial benefits due to their promotion from Sub Engineers/Assistant Engineers to Overseer (Electrical) in KSEB in accordance with a prior court direction. The sole judge directed respondents to grant all due monetary benefits with effect from July 23, 2000.

What did the court decide?

Directed the respondents to grant all monetary benefits due to the petitioners with effect from 23.07.2000, including arrears of salary, within three months of receipt of the judgment.

Aboobacker Sidhikh K Vs Kerala State… — 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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WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 34668 of 2014 (G)

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PETITIONERS:

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1. ABOOBACKER SIDHIKH K SUB ENGINEER, ELECTRICAL SECTION, KALIKAVU KERALA STATE ELECTRICITY BOARD, MALAPPURAM- 676 525

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2. ABDUSSALAM P. SUB ENGINEER, ELECTRICAL SECTION, MANKADA KERALA STATE ELECTRICITY BOARD, MALAPPURAM- 679 324.

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3. SASI T. SUB ENGINEER, ELECTRICAL SECTION, PULAMANTHOLE KERALA STATE ELECTRICITY BOARD, CHALAKAD P.O MALAPPURAM - 679322.

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4. VIJAYAN P.G. ASSISTANT ENGINEER, ELECTRICAL SECTION VENGARA, KERALA STATE ELECTRICITY BOARD MALAPPURAM-676304

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5. ABDUL AZEEZ C.M. SUB ENGINEER, ELECTRICAL SECTION PARAPPANANGADI KERALA STATE ELECTRICITY BOARD MALAPPURAM-676 634

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BY ADV. SRI.S.VISHNU

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RESPONDENT(S):

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1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY SECRETARY, VYDYUTHI BHAVAN PATTOM THIRUVANANTHAPURAM - 695 004

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2. THE CHIEF ENGINEER (HUMAN RESOURCE MANAGEMENT), VYDYUTHI BHAVAN PATTOM THIRUVANANTHAPURAM - 695 004.

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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 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34668 of 2014 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXT.P1 - TRUE COPY OF THE JUDGMENT DATED 1-1-2002 IN O.P.NO.21479/2000 OF THIS HON'BLE COURT. EXT.P2 - TRUE COPY OF THE ORDER NO.EB4-120(C)/1999 DATED 7-2-2003 ISSUED BY THE 2ND RESPONDENT

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EXT.P3 - TRUE COPY OF THE JUDGMENT IN WPC.NO.15995/2003 AND O.P.NO.8816/2003 AND CONNECTED CASES OF THIS HON'BLE COURT.

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EXT.P3(A) - TRUE COPY OF THE JUDGMENT IN WPC.NO.26964/2003 DATED 1-42005 OF THIS HON'BLE COURT

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EXT.P4 - TRUE COPY OF THE BOARD ORDER (CM)NO.2866/2009 (LAS.III/4152/2003) DATED 7-11-2009 ISSUED BY THE 1ST RESPONDENT EXT.P5 - TRUE COPY OF THE COMMUNICATION NO.LAS.III/4944/03 DATED 146-2011 ISSUED BY THE 1ST RESPONDENT

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EXT.P6 - TRUE COPY OF THE ORDER NO.EB.4(B)/CCC 1229/2009 DATED 7-62011 ISSUED BY THE 2ND RESPONDENT EXT.P7 - TRUE COPY OF THE JUDGMENT DATED 2-7-2013 IN WPC.NO.3672/2012 OF THIS HON'BLE COURT.

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EXT.P8 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXT.P8(A) - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT EXT.P8(B) - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER TO THE 2ND RESPONDENT EXT.P8(C) -TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER TO THE 2ND RESPONDENT EXT.P8(D) - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH PETITIONER TO THE 2ND RESPONDENT

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EXT.P9 - TRUE COPY OF THE JUDGMENT DATED 4-11-2014 IN WPC.NO.28130/2014 OF THIS HON'BLE COURT.

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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.34668 of 2014

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============================ Dated this the 07^th day of January, 2015

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JUDGMENT

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This Writ Petition is filed aggrieved by the denial of financial benefits due to the petitioners on account of their promotion to the post of Overseer (Electrical) in the Kerala State Electricity Board. Petitioners are presently working as Assistant Engineers/Sub Engineers in the KSEB. Petitioner submits that based on the direction of this Court in O.P.No.21479 of 2000 in the matter of promotion to the post of Overseer (Electrical) from the post of Meter Reader, this Court directed to fill up the vacancies of Overseer (Electrical) with all consequential benefits including seniority. Accordingly, petitioners were promoted as Overseer (Electrical). However, it is submitted that monetary benefits consequent upon the promotion has not been paid. The issue admittedly is covered in favour of the petitioners in the light of the judgment in O.P.No.21479 of 2000.

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In view of the above, there shall be a direction to the respondents to grant all monetary benefits due to the petitioners with effect from 23.07.2000 including arrears of salary 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/07/01/15

Aboobacker Sidhikh K v. Kerala State Electricity Board, Thiruvananthapuram

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Aboobacker Sidhikh K v. Kerala State Electricity Board, Thiruvananthapuram

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