Kerala High Court
K.Karunakaran Unnithan vs State Of Kerala on 3 April, 1957
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
MONDAY,THE 12TH DAY OF AUGUST 2013/21ST SRAVANA, 1935
WP(C).No. 19375 of 2012 (V)
---------------------------------------
PETITIONER(S):
--------------------------
K.KARUNAKARAN UNNITHAN, S/O.KRISHNAN UNNITHAN,
AGED 77 YEARS, RESIDING AT SREE KRISHNA BHAVANAM,
ULAVUCADU, NOORNAD P.O.,
PIN - 690 504) (RETIRED DEPUTY SECRETARY,
KERALA STATE ELECTRICITY BOARD).
BY ADVS.SRI.K.SASIKUMAR
SRI.S.KANNAN
RESPONDENT(S):
--------------------------
1. STATE OF KERALA,
REPRESENTED BY ITS SECETARY TO GOVERNMENT,
POWER DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM, PIN - 695 004.
3. THE CHAIRAMN,
KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM, PIN - 695 004.
R1 BY GOVERNMENT PLEADER SRI.JAMES MATHEW KADAVAN
R2 AND 3 BY ADV. SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-08-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 19375 of 2012 (V)
---------------------------------------
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1. A TRUE COPY OF THE ORDER NO.EL.1-4670/57/PW, DATED 03.04.1957
ISSUED BY THE STATE OF KERALA.
EXHIBIT P2. ATRUE COPY OF THE GO (P) NO.230/(124)/97/FIN., DATED 14.02.1997.
EXHIBIT P3. ATRUE COPY OF THE GO(P) NO.3000/98/FIN, DATED 25.11.1998.
EXHIBIT P4. A TRUE COPY OF THE JUDGMENT DATED 10.08.2012 IN WRIT PETITION
(CIVIL) NO.20865/2006.
EXHIBIT P5. A TRUE COPY OF THE JUDGMENT DATED 23.06.2011 IN WRIT APPEAL
NO.131/2011.
EXHIBIT P6. A TRUE COPY OF THE REPRESENTATION DATED 16.01.2012, SUBMITTED
BEFORE THE 3RD RESPONDENT.
EXHIBIT P7. ATRUE COPY OF BO(FB)NO.642/2011, DATED 28.02.2011.
EXHIBIT P8. ATRUE COPY OF BO(FM)NO.3246/2010, DATED 10.12.2010
EXHIBIT P9:A TRUE COPY OF THE ORDER B.O.(MF)NO.2455/2012 (PS-I/PENSION
REVISION/2011) DTD.18/12/2012 ISSUED BY THE KERALA STATE
ELECTRICITY BOARD.
RESPONDENTS' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
C.T.RAVIKUMAR.J.
=================
W.P.C.NO.19375 of 2012
=====================
Dated this the 12th day of August 2013.
JUDGMENT
------------------
The petitioner is a retiree from the service of the Kerala State Electricity Board. He retired from its service on 30.06.1990 while working as Deputy Secretary. Earlier, seeking revision of the pensionary benefits he moved the authorities unsuccessfully and thereafter, took up the matter before this Court and this Court passed Ext.P4 judgment in W.P.(C).No.20865 of 2006. That writ petition was disposed of with a direction to extent the benefits of Exts.P2 and P3 herein viz., Exts.P6 and P7 therein, with effect from 01.02.1997 and 01.03.1997 respectively in so far as the first petitioner therein is concerned and as regards the second petitioner the case was dismissed. The Board thereafter, unsuccessfully attempted an appeal. Later, Ext.P9 order was passed by the Board on 18.12.2012. Ext.P9 order was produced by the petitioner along with the reply affidavit to the counter affidavit filed by the 2nd respondent. As per Ext.P9 order bearing No.B.O.(FM)No.2455/2012 (PS-I/Pension Revision/2011), dated 18.12.2012 the Chief Engineer (HRM) found 52 pensioners eligible to get interim relief with effect from 01.02.1997 and revision of pension with effect from W.P.C.NO.19375 of 2012 2 01.03.1997. Admittedly the petitioner is one among them. The prayer of the petitioner is for implementation of the orders in Ext.P9. The learned counsel for the petitioner submitted that after having identified the petitioner as one of the beneficiaries of Ext.P9 there is no reason for not implementing the decision in Ext.P9 and to disburse the benefits flowing from the same to him. The learned standing counsel appearing for the respondents submitted that since the petitioner has been identified as one among the 52 pensioners eligible for the benefits under Ext.P9 the respondents will work out the benefits payable to the petitioner in the light of Ext.P9 and amount, if any, payable to the petitioner would be paid to him expeditiously. In the said circumstances, this writ petition is disposed of with a direction to the respondents to pass appropriate orders in implementation of Ext.P9 and disburse the benefits, if any, flowing from Ext.P9 to the petitioner, expeditiously, at any rate, within a period of one month from the date of receipt of copy of this judgment.
This writ petition is disposed of accordingly.
Sd/-
C.T.RAVIKUMAR, JUDGE The word 'he' occurring in line 4 of the judgment dated 12/08/2013 in W.P.(C) No. 19375/2012 is corrected and substituted as "two other retirees of the Kerala State Electricity Board", vide order dated 06/09/2013 in I.A.11985/2013 IN W.P.(C)No. 19375/2012.
Sd/-
Registrar (Judicial) R.AV