Full Judgment Text
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 21ST DAY OF MARCH 2017/30TH PHALGUNA, 1938
WP(C).No. 18225 of 2013 (C)
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PETITIONER(S)/PETITIONER:-:
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BENCY JOHN,
ASSISTANT ENGINEER,
ELECTRICAL SECTION OFFICE,
KERALA STATE ELECTRICITY BOARD,
PERRUMEDU, IDUKKI DISTRICT.
BY ADV. SRI.R.SANTHOSH BABU
RESPONDENT(S)/RESPONDENTS:-:
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1. KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY,
VYDHYUTHI BHAVA, PATTOM,
THIRUVANANTHAPURAM - 695 004.
2. THE CHIEF INTERNAL AUDITOR OFFICE OF THE CIA
(CHIEF INTERNAL AUTITOR),
VYDHYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN - 695 004.
3. ACCOUNTS OFFICER,
PAY FIXATION OFFICE O THE CHIEF INTERNAL AUDITOR,
KERALA STATE ELECTRICITY BOARD,
VYDHYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, PIN - 695 004.
4. EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD,
ELECTRICAL DIVISION, PEERUMEDU,
IDUKKI DISTRICT, PIN - 685 531.
R1 -R4 BY ADV. SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 18225 of 2013 (C)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1. TRUE COPY OF RELEVANT PAGES OF SERVICE BOOK OF
PETITIONER.
EXHIBIT P2. TRUE COPY OF ORDER B.O.NO.2119/96(SC/LTS/CON/95) DATED
09.09.1996 ISSUED BY SECRETARY KERALA STATE ELECTRICITY
BOARD.
EXHIBIT P3. TRUE COPY OF RELEVANT PAGES OF THE LONG TERM SETTLEMENT
FOR THE YEAR 2000.
EXHIBIT P4. TRUE COPY OF RELEVANT PAGES OF LONG TERM SETTLEMENT FOR
THE YEAR 2007.
EXHIBIT P5. TRUE COPY OF RELEVANT PAGES OF THE PAY REVISION ORDERS OF
OFFICERS OF K.S.E.BOARD.
EXHIBIT P6. TRUE COPY OF CIRCULAR NO.2/PAY REVISION/2008 DATED
13.01.2012.
EXHIBIT P7. TRUE COPY OF LETTER DATED 01.12.2012 ISSUED BY 2ND
RESPONDENT.
EXHIBIT P8. TRUE COPY OF REPRESENTATION DATED 16.12.2012 ADDRESSED
TO THE CHAIRMAN, K.S.E.BOARD.
EXHIBIT P9. TRUE COPY OF COMMUNICATION/ORDER DATED 11.06.2013 BY 2ND
RESPONDENT.
EXHIBIT P10. TRUE COPY OF CENSUS REPORT OF THE CENTRAL GOVERNMENT
EMPLOYEES AS ON 31.03.2008.
RESPONDENT(S)' EXHIBITS
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EXHIBIT R1(A) TRUE COPY OF B.O. DATED 09.09.1996
EXHIBIT R1(B). TRUE COPY LETTER DATED 10.03.1997
TRUE COPY
P.S. TO JUDGE
EL
ANU SIVARAMAN, J.
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W.P(C).No. 18225 of 2013
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st
Dated this the 21 March, 2017
JUDGMENT
It is submitted by learned counsel for the petitioner that
the issue raised in this writ petition is covered by a judgment of
this Court in W.P(C).No.13862 of 2014 dated 8.2.2017, wherein
it has been held that the employees of the Indian Railways are
also Government employees for the purpose of the grant of
weightage and other service benefits by the Kerala State
Electricity Board.
In the above view of the matter, Exhibits P7 and P9 orders
are set aside. It is directed that the claim raised by the
petitioner for service weightage shall be considered by the
competent among the respondents, taking note of the fact that
service in Indian Railways is also required to be reckoned as
st
Central Government service. The 1 respondent Board shall
issue orders sanctioning the benefits due to the petitioner
within a period of thee months from the date of receipt of a
copy of this judgment.
The writ petition is disposed of as above.
ANU SIVARAMAN
JUDGE
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