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P.G.Joseph v. Kerala State Electricity Board

Kerala HC14 Dec 2018WP(C)/7958/2018

Case brief

AI extract

What is this about?

Retired Assistant Engineer petitioned for arrears of gratuity and earned leave surrender. Court directed Board to pay entire due amounts within two months, noting disciplinary lapse was dropped with revenue recovery caveat.

What did the court decide?

Petitioner to be paid entire amounts due towards gratuity and terminal surrender of earned leave within two months from judgment date.

P.G.Joseph Vs Kerala State Electricity Board — 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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FRIDAY ,THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940

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WP(C).No. 7958 of 2018

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PETITIONER/S:

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P.G.JOSEPH

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AGED 62 YEARS, RETIRED ASSISTANT ENGINEER, K.S.E.B., RESIDING AT POTHADY HOUSE, MULAVUKAD P.O., BOLGATTY, KOCHI-682 504.

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BY ADVS. SRI.N.SUBRAMANIAM SMT.USHA NARAYANAN SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN

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RESPONDENT/S:

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1 KERALA STATE ELECTRICITY BOARD LTD., VYDHUTHI BHAVAN, PATTOM, TRIVANDRUM-695 004 REPRESENTED BY ITS SECRETARY.

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2 THE DEPUTY CHIEF ENGINEER

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K.S.E.B. ELECTRICAL CIRCLE, POWER HOUSE ROAD,ERNAKULAM NORTH P.O., KOCHI-682 018.

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3 THE EXECUTIVE ENGINEER K.S.E.B, ELECTRICAL DIVISION, MATTANCHERY, THOPPUMPADY P.O., ERNAKULAM, KOCHI-682 005.

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BY ADVS. SRI.M.K.THANKAPPAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7958 of 2018

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J U D G M E N T

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The petitioner retired from service as Assistant

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Engineer on 31.10.2011. There had been certain

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disciplinary proceedings against him and pending the same, he was granted only provisional pension.

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Respondents have filed a counter affidavit producing Ext.R3(c) order dated 16.03.2016 passed by the Chief Engineer dropping the disciplinary action against him. It was found that the Board has sustained a loss of Rs.4,31,340/- and that petitioner was responsible for the lapses. However, taking a lenient view, since the petitioner had already retired from the Board, it was decided to drop disciplinary action, on condition that the Board reserves the right to recover the loss sustained to the Board, if revenue recovery action against the consumer does not materialize.

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Petitioner submits that the amount due to him

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towards gratuity and terminal surrender of earned leave are not paid yet.

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WP(C).No. 7958 of 2018

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4. Apart from that the respondents have produced

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Ext.R3(d) in which petitioner was directed to remit the liability of Rs.23,469/-. Therefore, it appears that there is no other liability fixed against the petitioner in accordance with law. Petitioner shall therefore be paid the entire amounts due to him towards gratuity as well as terminal surrender of earned leave within a period of 'two months' from the date of receipt of a copy of the judgment.

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The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE.

WP(C).No. 7958 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 REPRESENTATION DATED 12.10.2015 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

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EXHIBIT P2: TRUE COPY OF THE ORDER DATED 21.12.2015 PASSED BY THE 2ND RESPONDENT.

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RESPONDENT'S EXHIBITS:

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EXHIBIT R3(A) TRUE COPY OF THE ORDER NO.PAVI/PPO/39820 DATED 17.12.2012 EXHIBIT R3(B) TRUE COPY OF THE ORDER OF THE OMBUDSMAN DATED 29.06.2010 EXHIBIT R3(C) TRUE COPY OF THE PROCEEDINGS NO.EBVS 2/2/11/208 DATED 16.03.2017 EXHIBIT R3(D) TRUE COPY OF THE LETTER NO.GB1/AUDIT/201718/1631 DATED 10.11.2017

P.G.Joseph v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

P.G.Joseph v. Kerala State Electricity Board

Case brief

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What did the court decide?

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