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Kerala High Court

Babu K. Gopal vs Kerala State Electricity Board

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

        THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

     TUESDAY, THE 22ND DAY OF NOVEMBER 2016/1ST AGRAHAYANA, 1938

                    WP(C).No. 37322 of 2016 (M)
                    ----------------------------


PETITIONER(S):
-------------

            BABU K. GOPAL
            ASSISTANT EXECUTIVE ENGINEER (RETIRED),
            K.S.E.B., RESIDING AT 'SOUPARNIKA',
            PUZHAVATH, CHANGANASSERY P.O.,
            KOTTAYAM DISTRICT - 686101.

            BY ADV. SRI.P.M.PAREETH

RESPONDENT(S):
--------------

          1. KERALA STATE ELECTRICITY BOARD
            REPRESENTED BY ITS SECRETARY,
            VIDYUTHIBHAVANAM, PATTOM,
            THIRUVANANTHAPURAM - 695004.

          2. CHAIRMAN & MANAGING DIRECTOR
            KERALA STATE ELECTRICITY BOARD LTD,
            VIDYUTHI BHAVANAM, PATTOM,
            THIRUVANANTHAPURAM - 695004.

          3. CHIEF ENGINEER (HRM)
            KERALA STATE ELECTRICITY BOARD LTD,
            VIDYUTHIBHAVANAM, PATTOM,
            THIRUVANANTHAPURAM, 695004.

          4. ACCOUNTS OFFICER
            PENSION ADUTHORISATION,
            OFFICE OF THE CHIEF ENGINEER (HRM),
            KERALA STATE ELECTRICITY BOARD LTD,
            VIDYUTHIBHAVANAM, PATTOM,
            THIRUVANANTHAPURAM - 695004.

          5. DEPUTY CHIEF ENGINEER
            KERALA STATE ELECTRICITY BOARD LTD,
            ELECTRICAL CIRCLE,
            KOTTAYAM -686012.

            R BY SMT.A.G.ANEETHA

       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION
       ON  22-11-2016, THE COURT ON THE SAME DAY DELIVERED THE
       FOLLOWING:

WP(C).No. 37322 of 2016 (M)
----------------------------

                              APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT-P1:    A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 25.7.89
ISSUED BY THE DISTRICT MANAGER, TELECOM, KOTTAYAM.

EXHIBIT-P2:    A TRUE PHOTOCOPY OF THE LETTER DATED 6.10.90 ISSUED BY
THE DEPUTY CHIEF ENGINEER GENERATION CIRCLE, MOOLAMATTOM ADDRESSED TO
TELECOM DISTRICT MANAGER, MOOLAMATTOM.

EXHIBIT-P3:    A TRUE PHOTOCOPY OF THE BOARD ORDER DATED 1/9/2005.

EXHIBIT-P4:    A TRUE PHOTOCOPY OF THE LETTER DATED 10.10.2013 ISSUED
BY THE FOURTH RESPONDENT TO THE DIVISIONAL ENGINEER (TELECOM),
KOTTAYAM.

EXHIBIT-P5:    A TRUE PHOTO COPY OF THE LETTER DATED 05.04.2014
ISSUED BY THE PRINCIPAL GENERAL MANAGER, TELECOM KOTTAYAM ADDRESSED
TO THE 4TH RESPONDENT.

EXHIBIT-P6:    A TRUE PHOTO COPY OF THE LETTER DATED 24.10.2014
ISSUED BY THE 3RD RESPONDENT TO ACCOUNTS OFFICER, OFFICE OF THE
COMPTROLLER OF COMMUNICATION OF ACCOUNTS.

EXHIBIT-P7:    A TRUE PHOTO COPY OF THE REPRESENTATION DATED
07.07.2016 SUBMITTED BY THE PETITIONER BEOFRE THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS
-----------------------            NIL



                                                      // True copy //


                                                         PA to Judge

das



                A.K.JAYASANKARAN NAMBIAR, J.
                  ===========================================
                     W.P.(C). No. 37322 of 2016
             =====================================================
           Dated this the 22nd day of November, 2016


                               JUDGMENT

The petitioner, who retired from the services of the Electricity Board, has approached the 2nd respondent through Ext.P7 representation seeking an inclusion of his prior telecom service in the computation of qualifying service for the purposes of pension. The limited prayer of the petitioner in this writ petition is for a direction to the 2nd respondent to consider and pass orders on Ext.P7 representation, expeditiously, after hearing the petitioner.

2. I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondents.

On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P7 representation within a period of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition -2- W.P.(C). No. 37322 of 2016 together with a copy of this judgment before the 2nd respondent for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE das/ 22.11.2016