Partly allowed

Kerala State Electricity Board Limited v. R. Suseela Devi

Kerala HC16 Nov 2023WA/614/2023

Case brief

AI extract

What is this about?

The Division Bench of the Kerala High Court considered three writ appeals against judgments allowing recovery of leave availed by employees. During arguments, the appellant was confronted with the fact of a 16-year delay and non-compliance.Facing these circumstances, the court permitted the withdrawal of the writ appeals.

What did the court decide?

Permission granted to withdraw the writ appeals.

Kerala State Electricity Board Limited Vs R… — Pension and Retirement Benefits | Kerala HC (2023)

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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 AMIT RAWAL

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA

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THURSDAY, THE 16^TH DAY OF NOVEMBER 2023/25TH KARTHIKA, 1945

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WA NO. 612 OF 2023

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AGAINST THE JUDGMENT DATED 19/08/2022 IN WP(C)NO.14478/2019 OF HIGH COURT OF KERALA

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APPELLANTS/RESPONDENT NOS.1 TO 4 IN WP(C):-

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

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2 DEPUTY CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. 3 ACCOUNTS OFFICER (PENSION AUTHORISATION), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004.

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4 THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD LIMITED, CHENGANNUR, PIN – 689 121.

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BY ADV ANTONY MUKKATH

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RESPONDENT/PETITIONER IN THE W.P.(C):-

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M.J. RAJAM,

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AGED 71 YEARS, ASSISTANT ACCOUNTS OFFICER (RTD), RESIDING AT VILANILATH BINVILLA, THITTAMEL, CHENGANNUR P.O., PIN – 689 121.

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W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023

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BY ADVS. HARISH GOPINATH AMRITHA SOMASUNDARAN(K/001154/2022)

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.11.2023, ALONG WITH WA.616/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023

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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 AMIT RAWAL

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA

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THURSDAY, THE 16^TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,

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1945

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WA NO. 614 OF 2023

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AGAINST THE JUDGMENT DATED 19/08/2022 IN WP(C)NO.26896/2019 OF HIGH COURT OF KERALA

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APPELLANTS/RESPONDENT NOS.1 TO 5 IN WP(C):-

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

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2 CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004.

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3 SECRETARY (ADMINISTRATION), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004.

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4 CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004.

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5 ACCOUNTS OFFICER (PENSION AUTHORIZATION), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004.

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BY ADV ANTONY MUKKATH

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W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023

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RESPONDENT/PETITIONER IN THE WP(C):

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R. SUSEELA DEVI, AGED 74 YEARS, RETIRED DEPUTY CHIEF ENGINEER/ DIRECTOR OF MANAGEMENT INFORMATION SYSTEM (MIS), KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM- 695 004. RESIDING AT KEERTHANAM, T.C. 3/2476/MGRA- 105, TKD ROAD, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. BY ADVS. S.P.ARAVINDAKSHAN PILLAY N.SANTHA(S-176) V.VARGHESE(K/514/1996) PETER JOSE CHRISTO(K/1216/2004) S.A.ANAND(K/1216/2006) K.N.REMYA(K/712/2010) L.ANNAPOORNA(K/952/2013) VISHNU V.K.(K/001396/2018) ABHIRAMI K. UDAY(K/001426/2018)

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.11.2023, ALONG WITH WA.616/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023

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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 AMIT RAWAL

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THE HONOURABLE MRS. JUSTICE C.S. SUDHA

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THURSDAY, THE 16^TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,

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1945

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WA NO. 616 OF 2023

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AGAINST THE JUDGMENT DATED 19/08/2022 IN WP(C)NO. 17190/2021 OF HIGH COURT OF KERALA

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APPELLANTS/RESPONDENT NOS.1 TO 3 IN WP(C):-

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1 KERALA STATE ELECTRICITY BOARD (KSEBL), REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004.

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2 CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004.

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3 ACCOUNTS OFFICER (PENSION AUTHORITIES), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004.

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BY ADV ANTONY MUKKATH

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RESPONDENT/PETITIONER IN THE WP(C):

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G. LALITHAMMA, AGED 76 YEARS, W/O V. JAYACHANDRAN, SENIOR SUPERINTENDENT

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W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023

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(RETIRED), KERALA STATE ELECTRICITY BOARD, RESIDING AT 'PAURNAMI', MRA 37, PONGUMOODU, MEDICAL COLLEGE. P.O., THRIRUVANANTHAPURAM, PIN – 695 011.

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BY ADV THIRUMALA P.K.MANI

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.11.2023, ALONG WITH WA.612/2023, 614/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023

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AMIT RAWAL & C.S.SUDHA, JJ.

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W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023

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Dated this the 16^th day of November, 2023

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J U D G M E N T

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Amit Rawal, J.

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Prima facie we are of the view that the judgment dated 19/08/2022 of the Single Bench is based upon a previous judgment dated 14.03.2003 in O.P.No.2774 of 2003, whereby the period of leave availed has been ordered to be counted. After 16 years of the service, KSEB sought the recovery in connection with the leave availed. The learned Single Bench Judge by relying upon the judgment of the Hon'ble Supreme Court in

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State of Punjab v. Rafiq Masih (White Washer), (2015) 4 SCC 334

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dated 19.08.2022 allowed the writ petitions. The matter did not stop there

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and jurisdiction of the Division Bench by way of intra-court appeal has been invoked.

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2. While hearing the argum ent, we confronted the counsel for the appellant that the Single Bench of this Court had already noticed the fact

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W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023

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that the leave period ought to have been counted and the benefit granted to the employees could not have been withdrawn after a gap of 16 years and non-compliance of the same would ta ntamount to contempt of Court under Article 215 of the Constitution of India. Faced with the situation, the learned counsel for the appellant seeks liberty of this court for withdrawal of writ appeals. Permission is granted. Ordered accordingly.

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Sd/-

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JUDGE

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Sd/- C.S.SUDHA JUDGE

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Kerala State Electricity Board Limited v. R. Suseela Devi

Case brief

What is this about?

What did the court decide?

Kerala State Electricity Board Limited v. R. Suseela Devi

Case brief

What is this about?

What did the court decide?

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