Mohammed Sherif V.P. Vs Kerala State Electricity Board - Kseb — Kerala HC (2025)

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WP(C) NO. 13255 OF 2023

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2025:KER:29513

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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 D. K. SINGH

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THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

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WP(C) NO. 13255OF 2023

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PETITIONER:

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MOHAMMED SHERIF V.P.
AGED 60 YEARS

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50/625B,VAZHAMATTOM HOUSE, MANIMALA ROAD, EDAPALLY,
ERNAKULAM DISTRICT, PIN - 682024

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BY ADVS.
RAJESH VIJAYENDRAN
ASOK CHACKO THOMAS

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RESPONDENTS:

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1 KERALA STATE ELECTRICITY BOARD - KSEB REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004

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2 THE SECRETARY - KERALA STATE ELECTRICITY BOARD LIMITED VAIDYUTHI BHAVANAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004

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3 THE CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ELECTRICITY BOARD LIMITED, VAIDYUTHI BHAVANAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004

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4 THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD LIMITED, VAIDYUTHI BHAVANAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004

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BY ADV THANKAPPAN M K

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13255 OF 2023

2025:KER:29513

JUDGMENT

The present writ petition has been filed by the petitioner who retired as Assistant Executive Engineer from the services of the Kerala State Electricity Board Limited (KSEBL) on 30.04.2019. The petitioner had faced the departmental proceedings for the loss of Rs.5,43,573/- allegedly caused to the Board by not filing a Review Petition in Appeal No. P/214/2011 before the State Electricity Ombudsman despite the direction issued by the Board. The petitioner had been inflicted with the punishment order dated 10.02.2020, whereby one increment with cumulative effect was withheld. An appeal filed against the said punishment order was dismissed by the Chairman and Managing Director of the KSEBL.

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The petitioner has approached this Court in W.P.(C.) No. 10490/2020 for a direction to disburse his post-retirement dues. This Court vide judgment dated

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WP(C) NO. 13255 OF 2023

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2025:KER:29513 29.06.2020 passed a direction in the said writ petition

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to consider and pass orders on appeal preferred by the petitioner, and further directed to the respondent Board to see whether admitted pensionary benefits are sanctioned and disbursed to the petitioner pending decision in appeal, whereas his claim for interest was left open. In compliance with the said judgment, the respondents released the admitted pensionary benefits alone. The petitioner again approached this Court in W.P.(C) No. 22994/2020. This Court, vide judgment dated 04.07.2022, set aside the order of punishment so far as the recovery of liability from the petitioner was concerned.

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It was also held that the petitioner was entitled for release of his entire retirement benefit, less an amount of Rs.1,00,800/- fixed due to a barring of one annual increment with cumulative effect. The balance amount of Rs.4,93,417/- + Rs. 3,19,227/- recovered from the retirement benefits of the petitioner towards the

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WP(C) NO. 13255 OF 2023

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2025:KER:29513 principal and interest of his personal liability were directed to be released to the petitioner with applicable interest. The said amount has been released to the petitioner vide order dated 06.12.2022 along with interest at the rate of 5.15% i.e, the applicable interest.

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The learned counsel for the petitioner submits that the interest has not been properly paid and the rate of interest is higher than 5.15%. However, there is no material to support this contention of the petitioner.

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In view thereof, I do not find that anything more can be ordered in the writ petition. Thus, the writ petition has been rendered infructuous in view of the fact that the amount as directed by this Court, along with interest having been paid to the petitioner.

Sd/-

D. K. SINGH

JUDGE

AP

WP(C) NO. 13255 OF 2023

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2025:KER:29513

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APPENDIX OF WP(C) 13255/2023

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`PETITIONER EXHIBITS`
`Exhibit P1`	`TRUE COPY OF THE JUDGMENT DATED 29.06.2020 IN` `W.P. (C) NO. 10490/2020 OF HON’BLE HIGH COURT OF` `KERALA`
`Exhibit P2`	`TRUE COPY OF THE JUDGMENT DATED 04.07.2022 IN` `W.P. (C) NO. 22994/2020 OF HON’BLE HIGH COURT OF` `KERALA`
`Exhibit P3`	`TRUE COPY OF THE LETTER BEARING NO. PA III / PPO-` `46183/ 2022-23 DATED 23.11.2022 ISSUED BY` `ACCOUNTS OFFICER, PENSION AUTHORIZATION, KSEB`
`Exhibit P4`	`TRUE COPY OF THE REPRESENTATION DATED 20.02.2023` `ISSUED BY THE PETITIONER TO RESPONDENTS 2, 3 AND` `4`
`Exhibit P5`	`TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD` `EVIDENCING RECEIPT OF EXHIBIT P4 BY THE 2ND` `RESPONDENT`
`Exhibit6`	`TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD` `EVIDENCING RECEIPT OF EXHIBIT P4 BY THE 3RD` `RESPONDENT`
`Exhibit7`	`TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD` `EVIDENCING RECEIPT OF EXHIBIT P4 BY THE 4TH` `RESPONDENT`
`RESPONDENT EXHIBITS`
`Exhibit R4(a)`	`True copy of the letter No. EBPS 8/802/2022 dated` `24.04.2023`
`Exhibit R4(b)`	`True copy of the proceedings No. EBPS 8/802/2019` `dated 27.02.2025`
`Exhibit R4(c)`	`True copy of the proceedings No EBPS 8/802/2019` `dated 27-08-2020`
`Exhibit R4(d)`	`True copy of the clarification of the Financial` `Advisor vide letter No. FA-AAA-FO1/2022/113 dated` `01.12.2022`

Mohammed Sherif V.P. v. Kerala State Electricity Board - Kseb

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Mohammed Sherif V.P. v. Kerala State Electricity Board - Kseb

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