Prabhavathy v. K.S.E.B
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:- THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 W.P.(C).No.23100 of 2004 (Y) ----------------------------------------------------- PETITIONER(S):- -------------------------- PRABHAVATHY, W/O.LATE N.RAJAN, THOPPIL VEEDU, ERAVIPURAM P.O., KOLLAM.
BY ADVS.SRI.SHABU SREEDHARAN SRI.P.A.NOOR MUHAMMED SRI.CHARLES VARGHESE RESPONDENT(S):- ----------------------------
1. THE KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.
2. THE CHIEF ENGINEER (HRD), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, THIRUVANANTHAPURAM.
3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION WEST, KERALA STATE ELECTRICITY BOARD, KESAVADASAPURAM, THIRUVANANTHAPURAM-4.
4. THE ASST. EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY BOARD, MANGALAPURAM, THIRUVANANTHAPURAM.
BY STANDING COUNSEL SRI.C.K.KARUNAKARAN.
R1 TO 4 BY ADV. SRI.N.D.PREMACHANDRAN, SC, KSEB BY ADV. SRI.P.SANTHALINGAM (SR.) BY ADV. SRI.S.SHARAN,SC,K.S.E.BOARD R1-R4 BY ADV. SRI.RAJU JOSEPH (SR.) R1-R4 BY ADV. SRI.K.T.PAULOSE, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C).NO.23100 OF 2004-Y APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 TRUE COPY OF THE CERTIFICATE NO.K.DIS.NO./20136/2003 DATED 25.09.2003 ISSUED BY THE TAHSILDAR, KOLLAM. EXT.P2 TRUE COPY OF THE ORDER NO.EBVS 2/6/86 DATED 25.07.2000 ISSUED BY THE CHIEF ENGINEER (HRD).
EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 18.05.2002. EXT.P4 TRUE COPOY OF THE JUDGMENT DATED 06.06.2002 IN OP.NO.14959/2002 PASSED BY THIS HON'BLE COURT. EXT.P5 TRUE COPY OF THE DEATH CERTIFICATE DATED 03.07.2002 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS OF KOLLAM CORPORATION.
EXT.P6 THE LETTER NO.KCCC/CR03A/11/2002/218-COM03 DATED 26.11.2002 OF THE KOLLAM CUSTOMER CARE CENTRE OF THE DEPARTMENT OF POSTS.
RESPONDENT'S EXHIBITS:- --------------------------------------- NIL.
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K. Vinod Chandran, J ------------------------------------------- W.P.(C).No.23100 of 2004-Y ------------------------------------------- Dated this the 15th day of October, 2015
JUDGMENT
The petitioner was before this Court seeking grant of benefits of the pay revisions effected when the husband of the petitioner was out of service and to re-calculate the same and disburse it with interest.
2. Paragraph 8 of the counter affidavit filed by the Board indicates that the entire benefits of pay revision effected during the period of absence of the employee has been granted to the petitioner. The retirement benefits are also said to have been made after computing the pay revision during the period the employee was out of service. The only objection raised is with respect to the claim of Rs.5,000/- [Rupees five thousand] as Provident Fund amounts, which is not paid, since he was not a subscriber in the Fund. The petitioner has also not produced any document to indicate that her husband had subscribed to the Provident Fund.
In the above circumstances, nothing survives in the writ petition and the same is dismissed. No costs. Sd/- K.Vinod Chandran Judge.
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