Dismissed

Paul Joseph v. the Kerala State Electricity Board Limited

Kerala HC14 Mar 2022WP(C)/5308/2022

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a writ petition filed by a retired employee seeking to continue occupying service quarters post-retirement. The Court rejected arguments regarding the petitioner's son's education and pending house construction as insufficient grounds to violate the mandatory requirement to surrender the quarters.

What did the court decide?

The writ petition is dismissed granting liberty to the respondents to evict the petitioner if he fails to vacate on his own.

Paul Joseph Vs the Kerala State Electricity… — Pension and Retirement Benefits | Kerala HC (2022)

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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 V.G.ARUN

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MONDAY, THE 14^TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943

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WP(C) NO. 5308 OF 2022

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PETITIONER:

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PAUL JOSEPH

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AGED 56 YEARS S/O. JOSEPH, RESIDING IN THE ADDRESS QUARTERS F-42A, KERALA STATE ELECTRICITY BOARD LIMITED, KSEB LTD COLONY, MOOLAMATTOM P.O, IDUKKI DISTRICT - 685589, RETIRED OVERSEER, KERALA STATE ELECTRICITY BOARD, MOOLAMATTOM, IDUKKI DISTRICT – 685589.

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BY ADV.SRI. G.SREEKUMAR (CHELUR)

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RESPONDENTS:

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1 THE KERALA STATE ELECTRICITY BOARD LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM DISTRICT - 695004.

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2 THE CHIEF ENGINEER HUMAN RESOURCES MANAGEMENT, KERALA STATE ELECTRICITY BOARD LIMITED, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM DISTRICT - 695004.

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3 THE DEPUTY CHIEF ENGINEER GENERATION CIRCLE, KERALA STATE ELECTRICITY BOARD LIMITED, MOOLAMATTOM P.O, IDUKKI DISTRICT - 685589.

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

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5308 OF 2022

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JUDGMENT

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Dated this the 14^th day of March, 2022

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The petitioner has approached this Court seeking a direction to the respondent Board to permit him to continue to occupy the quarters, which he was bound to surrender on his retirement on 31.12.2021. The reason projected is the continued education of petitioner’s son and his lack of alternative accommodation.

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Learned Standing Counsel for the Board submitted, on instructions, that the petitioner is not occupying the quarters and is presently indulging in some business activities from the quarters. Learned Counsel for the petitioner refuted the allegation and submitted that the construction of petitioner's house is almost complete and he may be permitted to continue till the construction is over.

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I find absolutely no reason to permit the petitioner to continue to occupy the quarters after his retirement. I refrained from delving further into the

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WP(C) NO. 5308 OF 2022

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allegation that the petitioner is indulging in business activities from the quarters, acceding to the request in that regard made by his learned Counsel. The writ petition is dismissed granting liberty to the respondents to evict the petitioner, if he fails to vacate on his own.

Sd/-

V.G.ARUN

JUDGE

NB/14-3

WP(C) NO. 5308 OF 2022

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APPENDIX OF WP(C) 5308/2022

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PETITIONER’S EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE RELIEVING MEMO ISSUED BY THE KSEB LIMITED DATED 31.12.21. EXHIBIT P2 A TRUE COPY OF THE IDENTITY CARD OF THE SON OF THE PETITIONER ISSUED DATED NIL. EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER DATED 28.1.2022.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

Paul Joseph v. the Kerala State Electricity Board Limited

Case brief

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Paul Joseph v. the Kerala State Electricity Board Limited

Case brief

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