Nabeesa v. Kerala State Electricity Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 WP(C).No. 8453 of 2015 (F) --------------------------- PETITIONER :

------------------- NABEESA, AGED 64 YEARS, W/O. LATE MOIDEEN, PUTHUVACHOLA HOUSE, THURAVUMKARA P.O., KANJOOR.

ERNAKULAM DISTRICT.

BY ADV. SRI.G.KRISHNAKUMAR RESPONDENTS :

-----------------------

1. KERALA STATE ELECTRICITY BOARD VAIDHUTHI BHAVAN, THIRUVANANTHAPURAM REP. BY ITS SECRETARY.

2. ACCOUNTS OFFICER, PENSION/ AUDIT KERALA STATE ELECTRICITY BOARD, THIRUVANANTHAPURAM BY SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 8453 of 2015 (F) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE JUDGMENT DT 17/11/2008 IN OP NO. 18291/1999. P2:

COPY OF THE PENSION PAYMENT ORDER ISSUED BY THE R2. P3:

COPY OF THE REPRESENTATION DT 15/2/2015 PREFERRED BY THE PETITIONER TO THE RESPONDENTS.

RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.8453 of 2015 ***************************************************** Dated this the 18th day of March, 2015

JUDGMENT

The petitioner is a widow. Her husband M.Moideen worked with Kerala State Electricity Board (KSEB). According to the petitioner, he had a qualifying service of 191⁄2 years. However, pension is fixed counting pensionable service as 14 years. It is on account of mistake in reckoning pensionable service, the petitioner submits that her husband joined service on 15.2.1962. The petitioner further submits that her husband worked till 13.8.1981. The petitioner has filed Ext.P3 representation before respondents. It is on account of delay in considering Ext.P3 representation before the respondents, the petitioner has approached this Court.

In view of the above, I am of the view, Ext.P3 shall be considered after adverting to the relevant materials and

W.P.(C) No.8453 of 2015 2 service records of the petitioner's husband and also after affording an opportunity of hearing to the petitioner. Needful shall be done by the respondents on Ext.P3 within a period of two months from the date of receipt of a copy of this judgment. If it is found that the petitioner's husband is entitled to reckon 191⁄2 years of service, necessarily, the entire arrears of pension shall be released to the petitioner without any delay.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln