A M MANI Vs. KERALA STATE ELECTRICITY BOARD
LAWS(KER)-1967-8-20
HIGH COURT OF KERALA
Decided on August 24,1967

A.M.MANI Appellant
VERSUS
KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS Respondents

JUDGEMENT

- (1.) At the time of the formation of the Kerala State Electricity Board on 1 4 1957, the petitioner was an Executive Engineer in the Electricity Department of the State. Along with other members of the said Department, he was transferred to the service of the Board, subject to certain guarantees as to conditions of service which were embodied in Ext. P-1 G. P. dated 3rd April 1957, generally referred to as the "Guarantee G. P."
(2.) Under S.79(c) of the Electricity Supply Act, 1948, (referred to hereafter as the Act) the Board was entitled to make rules to provide inter alia for the salaries and other conditions of service of its officers and servants. No such separate rules were framed; and the Board was content to adopt the Kerala Service Rules (compendiously referred to as the K. S. R.), framed under Art.309 of the Constitution and relating to the conditions of service of Government Servants, as the Rules of the Board. It further ordered that the amendments to the K. S. R. already issued and to be issued from time to time and the clarifications thereto would apply to the Board, unless excluded by specific order (vide Exts. P1, R-l and R-2).
(3.) The petitioner became Chief Engineer under the Board on 6 3 1965 and, according to the rules of superannuation as they then stood, was due to retire on the completion of 55 years of age on 19 7 1966. By Ext. P-4 proceedings, the Board ordered his retirement on that day. But before the date of retirement, the Government raised the age of superannuation of technical personnel from 55 to 58, with effect from 15 7 1966. The benefit was eventually extended to all Government Personnel, and ultimately resulted in the amendment of R.60 of Part I of the K. S. R. raising the age of superannuation to 58. A directive to the Board was issued by the Government (copy Ext. P-5-dated 18 7 1966) under S.78A of the Act, directing the Board to raise the age of retirement of technical personnel serving under it. The Board complied by Ext. P-8 dated 19 7 1966. By Ext. P-9 proceedings dated 26 8 1966 a similar benefit was extended to all other employees of the Board. The Board's order directing retirement of the petitioner was itself countermanded by Ext. P-6 dated 19 7 1966.;


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