High Court of KeralaWP(C)/5519/2015disposed of

T.Koya v. Kerala State Electricity Board

2015-03-02Honourable Mr. Justice A.Muhamed Mustaque6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 WP(C).No. 5519 of 2015 (L) --------------------------- PETITIONER(S) :

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1. T. KOYA ASSISTANT ENGINEER, ELECTRICAL CIRCLE OFFICE KERALA STATE ELECTRICITY BOARD, NILAMBUR MALAPPURAM - 676 525.

2. K.V. BABY RETIRED SUB ENGINEER, ELECTRICAL SECTION KEERANPARA ELECTRICAL DIVISION MUVATTUPUZHA KERALA STATE ELECTRICITY BOARD, MUVATTUPUZHA RESIDING AT KAVUGAMPALLIIN HOUSE CHELAD P.O., KOTHAMANGALAM - 686 681.

3. P.P.VARGHESE RETIRED ASSISTANT ENGINEER GENERAL CIRCLE KOTHAMANGALAM KERALA STATE ELECTRICITY BOARD, KOTHAMANGALAM RESIDING AT PAZHUKKALIL HOUSE KARUKADOM P.O., KOTHAMANGALAM - 686 691.

BY ADVS.SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU S. CHEMPAZHANTHIYIL RESPONDENT(S) :

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1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY SECRETARY, VYDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM - 695 004.

2. THE CHIEF ENGINEER (HUMAN RESOURCE MANAGEMENT) VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004. R1 & R2 BY ADV. SRI.K.S.ANIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5519 of 2015 (L) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1 COPY OF THE JUDGMENT DATED 1/1/2002 IN OP NO. 21479/2000 OF THIS HON'BLE COURT.

EXHIBIT P2 COPY OF THE ORDER NO. EB4-120(C)/1999 DATED 7/2/2003 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 COPY OF THE JUDGMENT IN WPC NO. 15995/2003 AND OP NO.8816/2013 AND CONNECTED CASES OF THE HON'BLE COURT. EXHIBIT P3(a) COPY OF THE JUDGMENT IN WPC NO. 26964/2003 DATED 1/4/2005 OF THIS HON'BLE COURT.

EXHIBIT P4 COPY OF THE BOARD ORDER (CM) NO. 2866/2009 (LAS.III/4152/2003) DATED 7/11/2009 ISSUED BY THE IST RESPONDENT. EXHIBIT P5 COPY OF THE COMMUNICATION NO. LAS.III/4944/03 DATED 14/6/2011 ISSUED BY THE IST RESPONDENT.

EXHIBIT P6 COPY OF HE ORDER NO. EB.4(B)/CCC 1229/2009 DATED 7/6/2011 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 COPY OF THE JUDGMENT DATED 2/7/2013 IN WPC NO. 3672/2012 OF THIS HON'BLE COURT.

EXHIBIT P8 COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P8(a) COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P8(b) COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P9 COPY OF THE JUDGMENT DATED 4.11.2014 IN WP(C) NO. 28130/2014 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5519 OF 2015 - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of March, 2015

JUDGMENT

The petitioners were promoted to the post of Overseer (Electrical) in the respondent-Electricity Board pursuant to the direction of this Court in O.P. No.21479/2000. The petitioners claim that they are entitled for arrears of pay from 23/7/2000. Petitioners submit that similar benefit was given to others.

2. In the facts and circumstances of the case, there shall be a direction to the respondents to disburse monetary benefits due to the petitioners in the light of Ext.P9 judgment. Needful shall be done within a period of three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, Judge.

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DAMA SESHADRI NAIDU, J.

- - - - - - - - - - - - - - - - - - - W.P.(C).No. OF 201 - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2015

JUDGMENT

The Heard the learned counsel for the petitioner and the learned Government Pleader for respondents 1 to 4, apart from perusing the records. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

DAMA SESHADRI NAIDU, Judge.

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