Disposed

Prakasan M.N, v. the Secretary to Government

Kerala HC15 Mar 2022WP(C)/7879/2022

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What is this about?

The court disposed of a writ petition regarding non-reckoning of initial KSEB service for pensionary benefits by directing the 3rd respondent to consider the petitioner's representation after a hearing.

What did the court decide?

The 3rd respondent is directed to take up the petitioner's representation and pass appropriate orders within two months after giving an opportunity of hearing.

Prakasan M.N, Vs the Secretary to Government — Pension and Retirement Benefits | Kerala HC (2022)

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WP(C).7879/2022

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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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TUESDAY, THE 15^TH DAY OF MARCH 2022 / 24TH PHALGUNA, 1943

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WP(C) NO. 7879 OF 2022

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PETITIONER/S:

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PRAKASAN M.N, AGED 53 YEARS S/O. CHANDUKUTTY, ASARIKANDIYIL HOUSE, MANASSERY P.O, KOZHIKODE 673 602, NOW WORKING AS SUB ENGINEER (ELECTRICAL SECTION, KSEB LTD., KOOMBARA, BALUSSERY DIVISION, KOOMBARA BAZAR (P.O), KOZHIKODE 673 604.

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BY ADVS. BABU CHERUKARA V.R.ARUN ANZAR BASHEER K.K.JAYARAJ (KALLUTHARA) KIROSH RAJAN PONNAMBIL

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RESPONDENT/S:

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1 THE SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER, SECRETARIAT, THIRUVANANTHAPURAM-695001

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2 THE CHIEF ENGINEER (HRM), VYDUTHI BHAVANAM, KSEB, PATTOM, THIRUVANANTHAPURAM 695 004.

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ADDL.3 THE CHAIRMAN-CUM-MANAGING DIRECTOR, KSEBL, VYDUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM.

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ADDL. R3 IS IMPLEADED AS PER ORDER DATED 15.3.2022 IN I.A.NO.1 OF 2022 IN WP(C).NO.7879 OF 2022

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OTHER PRESENT:

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GP VENUGOPAL V.; SC FOR KSEB K.S.ANIL

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WP(C).7879/2022

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).7879/2022

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V.G.ARUN, J.

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W.P(C).No. 7879 of 2022

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Dated this the 15^th day of March, 2022

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JUDGMENT

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The petitioner had entered the service of the Kerala State Electricity Board Limited as 'Electricity Worker' on 11.12.1995. He continued in service till 7.7.2003, on which date he was relieved from the KSEB Ltd. He joined duty as Panchayat Secretary on 7.7.2003 and continued in the Local Self Government Department till 19.5.2004. He re-joined the service of the KSEB Ltd. on 21.5.2004. The petitioner's grievance is that his initial spell with the KSEB Ltd. is being reckoned only for pensionary benefits and not service weightage and other related benefits. Highlighting his grievance, the petitioner filed Exhibit P8 representation before the 2^nd respondent which stands rejected by Exhibit P10 order. Being aggrieved, the petitioner has submitted Exhibit P11 to the 3^rd respondent through proper channel. Learned counsel for the petitioner submits that, for the time being, the petitioner will be satisfied on the 3^rd respondent being directed to consider Exhibit P11 representation. Learned Standing Counsel for the KSEB Limited has no objection in such relief

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WP(C).7879/2022

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being granted.

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In the result, the writ petition is disposed of directing the 3^rd respondent to take up Exhibit P11 representation and pass appropriate orders thereon, after giving an opportunity of hearing to the petitioner. The order, as directed above, shall be passed within two months of receipt of a copy of this judgment. To effectuate a proper consideration of his representation, the petitioner shall produce a copy of the writ petition along with certified copy of the judgment.

Sd/-

V.G.ARUN, JUDGE

vgs

WP(C).7879/2022

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APPENDIX OF WP(C) 7879/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE ORDER NO. EB4/2003/45 DATED 09.03.2004 ISSUED BY THE 2ND RESPONDENT.
Exhibit P2	TRUE COPY OF THE ORDER BEARING NO. B.O(FB) 1274/2009 (ESST. IV/8265/08) DATED THIRUVANANTHAPURAM 11.05.2009 ISSUED BY THE 2ND RESPONDENT.
Exhibit P3	TRUE COPY OF THE ORDER BEARING NUMBER B.O (FTD) NO. 1331/2018 (PA GL/28/PRIOR SERVICE /2018-19/TIME LIMIT) TVPM DATED 25.05.2018 DATED 25.05.2018 ISSUED BY THE 2ND RESPONDENT.
Exhibit P4	TRUE COPY OF THE REPRESENTATION DATED 13.06.2018 TO THE 2ND RESPONDENT ALONG WITH THE COVERING LETTER OF THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, KOZHIKODE.
Exhibit P5	TRUE COPY OF THE JUDGMENT IN W.P.C NO. 32743 OF 2018 DATED 08.10.2018 OF THE HON'BLE HIGH COURT OF KERALA.
Exhibit P6	TRUE COPY OF THE RELEVANT PORTION OF THE SERVICE BOOK OF THE PETITIONER CONTAINING THE RECKONING ORDER.
Exhibit P7	TRUE PHOTOCOPY OF THE SERVICE BOOK OF THE PETITIONER CONTAINING OTHER SERVICE RECKONING ORDER WITH APPROVAL NO. PA GL1/A/2006-07/81 DATED 25.7.2006.
Exhibit P8	TRUE COPY OF THE REPRESENTATION DATED 03.09.2020 BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit P9	TRUE COPY OF THE JUDGMENT IN W.P.C NO. 32743 OF 2018 OF THE HON'BLE HIGH COURT OF KERALA.

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WP(C).7879/2022

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Exhibit P10 TRUE COPY OF THE ORDER BEARING NO. EB4(B)/OVR/WPC 1508/2021 DATED 12.07.2021 PASSED BY THE 2ND RESPONDENT. Exhibit P11 TRUE COPY OF THE REVISION PETITION FILED BY PETITIONER BEFORE THE SECRETARY TO GOVERNMENT, DEPARTMENT OF POWER SECRETARIAT, THIRUVANANTHAPURAM DATED 13.10.2021 Exhibit P11(a) TRUE COPY OF THE FORWARDING LETTER FOR EXT. P11 REVISION PETITION ISSUED BY THE EXECUTIVE ENGINEER, BALUSSERY ELECTRICAL DIVISION DATED 23.10.2021.

Prakasan M.N, v. the Secretary to Government

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Prakasan M.N, v. the Secretary to Government

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