Partly allowed

C.R. Subhash Chandra Bose v. Kerala State Electricity Board Ltd.

Kerala HC18 Dec 2018WP(C)/25831/2018

Case brief

AI extract

What is this about?

Petitioner, a retired Assistant Executive Engineer, challenged the denial of full pension and withholding of Rs.3 lakhs from earned leave surrender benefits due to pending disciplinary proceedings. The court directed the release of the withheld amount and fix the disciplinary inquiry within four months.

What did the court decide?

Release of Rs.3 lakhs withheld from surrender value of Earned Leave within one month; disciplinary proceedings finalised within four months.

C.R. Subhash Chandra Bose Vs Kerala State… — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY ,THE 18TH DAY OF DECEMBER 2018 / 27TH AGRAHAYANA, 1940

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WP(C).No. 25831 of 2018

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PETITIONER/S:

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C.R. SUBHASH CHANDRA BOSE, (RETIRED ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., TRANSMISSION SUB DIVISION, AROOR), RESIDING AT "KRISHNENDU", MARUTHORVATTOM P.O., CHERTHALA, ALAPPUZHA, PIN - 688 539.

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BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.K.N.REMYA SMT.L.ANNAPOORNA SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.V.VARGHESE

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RESPONDENT/S:

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1 KERALA STATE ELECTRICITY BOARD LTD VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695 004, REPRESENTED BY ITS SECRETARY.

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2 CHIEF ENGINER (HRM) KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695 004.

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3 DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD LTD., TRANSMISSION CIRCLE, ALAPPUZHA,PIN - 688 007.

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4 DEPUTY CHIEF ENGINEER KERALA STATE ELECTRICITY BOARD LTD., BRAHMAPURAM DIESEL POWER PLANT,BRAHMAPURAM, COCHIN - 682 303.

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WP(C).No. 25831 of 2018

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5 EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL DIVISION, CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688 524.

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BY ADVS. SRI.M.K.THANKAPPAN, SC, KERALA STATE ELECTRICITY BOARD LIMITED

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 25831 of 2018

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JUDGMENT

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The Petitioner, who retired from service as Assistant Executive Engineer, on 31.05.2015 is aggrieved by the denial of full pension and the terminal surrender of Earned Leave. A sum of Rs.3 lakhs is withheld from the benefits due towards surrender value of Earned Leave.

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2. From the writ petition, it is seen that a

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memo of charge was issued to petitioner as per Ext.P8 on 02.02.2017 to which he has submitted an explanation. Disciplinary proceedings are not finalised. The petitioner submits that the benefits due to him towards pension is to be paid at the rate of 75%. While releasing the terminal benefits as per Ext.P10 proceedings dated 13.11.2017, the respondents have withheld Rs.3 lakhs towards his liability. It is stated that the said Rs.3 lakhs is withheld from the Earned Leave surrender benefits itself.

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3. There is no provision for withholding any

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WP(C).No. 25831 of 2018

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amount from the terminal surrender of Earned Leave, which is due to petitioner.

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In the above circumstances, I direct the respondents to release the sum of Rs.3 lakhs which is withheld from the petitioner, towards the surrender value of Earned Leave within a period of one month. In case the respondents are proceeding with Ext.P8 memo of charge, the same shall be finalised, within a period of four months from the date of receipt of a copy of this judgment. The claim for grant full pension shall be subject to the decision to be taken on finalisation of the disciplinary action.

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Accordingly, this writ petition is disposed

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of.

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Sd/P.V.ASHA JUDGE

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WP(C).No. 25831 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE MEMO NO.BDPP/DB2/8-204/1516 DATED 13.05.2015 OF THE EXECUTIVE ENGINEER IN CHARGE OF DEPUTY CHIEF ENGINEER. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF TRANSFER OF CHARGE DATED 24.08.2011. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF TRANSFER OF CHARGE DATED 03.09.2012. EXHIBIT P4 TRUE COPY OF THE REPLY DATED 24.06.2015 FILED BY THE PETITIONER TO EXT.P1. EXHIBIT P5 TRUE COPY OF THE LETTER NO.PA.V/PPO:41348 DATED 28.11.2015 OF THE 2ND RESPONDENT, ADDRESSED TO THE 5TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE MEMO NO.BDPP/DB2/8-204/1617/477 DATED 02.11.2016 OF THE 4TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE EXPLANATION DATED 14.11.2016 FILED BY THE PETITIONER TO EXT. P6. EXHIBIT P8 TRUE COPY OF THE MEMO OF CHARGES NO. BDPP/EB1/BPM/STORE/16-17/59 DATED 02.02.2017 OF THE 4TH RESPONDENT ALONG WITH THE STATEMENT OF ALLEGATIONS. EXHIBIT P9 TRUE COPY OF THE DETAILED REPLY DATED 06.03.2017 FILED BY THE PETITIONER TO EXT. P8. EXHIBIT P10 TRUE COPY OF THE LETTER NO. EBVS.6/7/2017/827 DATED 13.11.2017 OF THE 2ND RESPONDENT. EXHIBIT P11 TRUE COPY OF THE LETTER NO. TRC/ALP/EB3 /PENSION/2017-18/1124 DATED 02.02.2018 OF THE 4TH RESPONDENT. EXHIBIT P12 TRUE COPY OF THE ORDER NO.EBVS.6/7/2017/431 DATED 08.06.2018 OF THE 2ND RESPONDENT.

C.R. Subhash Chandra Bose v. Kerala State Electricity Board Ltd.

Case brief

What is this about?

What did the court decide?

C.R. Subhash Chandra Bose v. Kerala State Electricity Board Ltd.

Case brief

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What did the court decide?

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