S PARTHASARATHI Vs. GENERAL MANAGER

JUDGEMENT

(1.) The petitioner joined service as II Division Clerk in the then Karnataka Electricity Board on 14.02.1968. He was promoted as Assistant and reported as such to duty on 22.11.1975. He was further promoted to the post of Senior Assistant and reported to duty as such on 01.10.1993. Upon the bifurcation of the Karnataka Electricity Board and establishment of ESCOMs, the petitioner having opted to remain in MESCOM, while working as Senior Assistant in the Divisional Office of MESCOM at Mandya, having completed 35 years, 3 months and 17 days of service, opted for voluntary retirement from service on domestic grounds, which was accepted and was relieved from service on 31.05.2003. The terminal benefits payable was settled by the respondent.

(2.) Respondent in modification of an order No. KPTCL/B16/3002/2007-08(I) dated 31.08.2007, accorded approval for the calculation of pension, family pension, commutation of pension and DCRG in respect of employees who retire or die while in service on or after 01.04.2006 and decided to calculate the pensionary benefits by taking into account 71% of dearness allowance as on 01.07.2005. Alleging discrimination in the grant of pensionary benefits, petitioner submitted a representation dated 3.12.2008, as at Annexure-B and requested to extend the revision of pensionary benefits, by predating the date with effect from 01.04.2003. Since the respondent did not consider the representation of the petitioner, as at Annexure-B, this writ petition has been filed, to direct the respondent to extend the revised pensionary benefits by adding 71% dearness allowance with effect from 01.04.2003 and pay the arrears.

(3.) For the respondent, statement of objections has been filed contending that, petitioner having retired from service of the respondent on 31.05.2003, the order dated 25.04.2008, as at Annexure-A, according approval for calculation of pension, family pension, commutation of pension and DCRG in respect of employees who retire from service or die while in service on or after 01.04.2006 by adding 71% dearness allowance is not applicable to the petitioner and he is not entitled to the relief claimed in the writ petition.