Retired KSEB Overseer's pensionary benefits were withheld pending regularization of unauthorized absence and disciplinary proceedings. The court directed respondents 2 and 3 to finalize regularization proceedings and sanction retirement benefits within two months, with disbursement within a further month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
WP(C) NO. 690 OF 2024
PETITIONER/S:
S. ARAVINDAKSHAN PILLAI AGED 58 YEARS S/O. SREEDHARAN PILLAI S., PLAKATTU THEKKETHI HOUSE, PUTHUKKAD, CHAVARA, KOLLAM DISTRICT . (OVERSEER RETIRED (EMPLOYEE ID 1038423), ELECTRICAL DIVISION, KARUNAGAPPALLY, PIN - 691585 BY ADVS. BIJU .C. ABRAHAM THOMAS C.ABRAHAM BASIL MATHEW
RESPONDENT/S:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
(Dated this the 4th day of March 2024)
The petitioner joined the service of the Kerala State Electricity Board (KSEB), on compassionate ground in Meter
Testing Unit in KSEB, Kollam Circle. He was posted as Cashier Trainee in Karunagapally Division, in Chavara Section, and worked there for two years. The petitioner faced disciplinary proceedings for unauthorized absence during his tenure from 1990 to 2022. The petitioner retired on superannuation on 31.05.2022 as Overseer, Electrical
Section, Chavara.
retirement benefits are not disbursed to him. Therefore, he filed Ext.P1 representation before the 5th respondent on 08.11.2023. Similar representation was given to the Hon’ble Chief Minister of Kerala also. The 5th respondent,
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thereafter, issued a letter on 20.12.2023 to the petitioner stating that the unauthorized absence of 79 days, the service break, and the leave availed have to be verified, and then only the same can be disbursed. The petitioner submitted a reply to the letter issued to him, claiming full pensionary benefits. Therefore, he seeks a direction from this Court to the respondents to disburse the pension, last month’s salary, and other pensionary benefits with interest.
respondents 2 to 5. The representation from the petitioner was received in the office of the 2nd respondent on 21.11.2023 stating that the pensionary benefits have not
been disbursed to him. The service book and preliminary pension papers were received in the office of the 2nd respondent only on 24.11.2023. As per the office procedure,
the service book and preliminary pension papers of an
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employee who is due to retire on superannuation should be forwarded to the pension sanctioning authority 1 year prior to the retirement. The petitioner’s application was received
in the office after a lapse of 17 months of his retirement. On verification, it was noticed that he was placed under suspension thrice, and disciplinary actions were taken against him. The regularization of the unauthorized absence
is pending. The approval for the Pay Revision for the year
2003, 2008 and 2013 was obtained from the AO, Pay Fixation only after his retirement. Hence, arrears of salary with effect from 1990 to 31.07.2018 amounting to Rs.43,68,119/- have been disbursed to him on 17.01.2023.
The pending regularization of the absence of the petitioner is the root cause for delay in sanctioning the pensionary benefits.
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unauthorized absence of the petitioner are pending consideration before the competent authority, I direct respondents 2 and 3 to finalize the proceedings with respect to the unauthorized absence of the petitioner and also the leave availed by him and pass order and consequential orders sanctioning the retirement benefits due to the petitioner if any, within a period of two months from today. Once orders are passed, the disbursement of the amounts due to him shall be done within a period of one month thereafter.
Writ Petition is disposed of.
Sd/-
BASANT BALAJI JUDGE
JS
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APPENDIX OF WP(C) 690/2024
PETITIONER EXHIBITS
| Exhibit P1 | A TRUE COPY OF THE REPRESENTATION DATED 8/11/2023 THUS SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT |
|---|---|
| Exhibit P2 | A TRUE COPY OF THE REPRESENTATION DATED 8/11/2023 SUBMITTED BY THE PETITIONER BEFORE HON. CHIEF MINISTER OF KERALA |
| Exhibit P3 | A TRUE COPY OF THE REPRESENTATION DATED 16/12/2023 SUBMITTED BY THE PETITIONER BEFORE THE 'NAVA KERALA SADAS' |
| Exhibit P4 | A TRUE COPY OF THE LETTER DATED 20/12/2023 THUS ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER |
| Exhibit P5 | A TRUE COPY OF THE REPLY DATED 1/1/2024 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT |
1 issue framed by the court
Whether the respondents must finalize regularization of the petitioner's unauthorized absence and disburse his retirement benefits within specified timelines.
S. Aravindakshan Pillai
State of Kerala, Power Department
Chief Engineer (HRM), KSEB
Chief Accounts Officer, KSEB
Deputy Chief Engineer, Electrical Circle, Kollam
Executive Engineer, Electrical Division, Karunagappally
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
