M C PADMANABHAN Vs. KSEB

JUDGEMENT

(1.) PETITIONER joined the Kerala State Electricity Board as an Overseer on 6.9.1973 and retired from service on 28.2.2002 as an Assistant Engineer (Civil). Prior to that he had worked as Work Superintendent in the Municipal Common Service for the period from 27.10.1969 till 5.9.1973. He requested for reckoning his prior service in the Municipal Common Service as qualifying service for pension and that was rejected by Ext.P1 order. Subsequently, Government issued Ext.P2 order dated 2.2.2001 ordering that government employees who are rendered prior service in State Government Departments, State Autonomous Bodies and Public Sector Undertakings will get the benefit of their prior service as qualifying service. According to the Board, by Board Order dated 6.1.2003, Board adopted Ext.P2 order. PETITIONER represented for the benefit of Ext.P2. As orders were not been passed, he again submitted Ext.P4 representation. Pursuant to the directions of this Court contained in Ext.P5 judgment, his claim was considered and was rejected by the Board as per Ext.P6 order. In Ext.P6, the Board took the stand that by mere adoption of Ext.P2 Government Order, the benefits contemplated therein cannot be implemented to the employees of Kerala State Electricity Board. It is challenging Ext.P6 that this writ petition is filed.

(2.) FIRST contention raised is that the Board having adopted Ext.P2 Government Order is liable to give credit to the prior service rendered by the petitioner in the Municipal Common Service. Other contention raised is that in respect of one of the employees of the Board namely; Sri.N.S.Rajendran, Accounts Officer, Electrical Circle, Kannur, benefit of Ext.P2 has already be given by the Board.