K. SAJEETHA BHEEGAM W/O MEERA PILLAN AND ORS. Vs. THE KERALA STATE ELECTRICITY BOARD AND THE CHIEF ENGINEER, HRMS

JUDGEMENT

(1.) IN this writ petition the petitioners seek the following reliefs:

(2.) PETITIONERS were employees of the Kerala State Electricity Board, who have retired from service on various dates subsequent to 1.7.2003. In these writ petitions they challenge some of the provisions of the Board Order. No. 2748/2008(PS1/1428/2007) dated 11.11.2008. While some of the petitioners are challenging Clause (6) providing for a ceiling of DCRG, the other petitioners are challenging Clause 7.1 and 7.2 providing for commutation of pension and restoration of commuted portion of pension. The impugned provisions Ext.P1 Board order referred to above, are extracted below for reference.

(3.) THE main contention raised by the petitioners is that, being retired employee of the Board, all the pensioners form one class. It is stated that by the aforesaid provisions of Ext.P1 Board order, the existing benefits of DCRG and the commuted value of pension were revised. According to them while revising or liberalizing the benefits, the existing one class of pensioners/beneficiaries, have been classified into two, on the basis of a cut off date fixed by the Board and that on the basis of the cut off date, those who retired prior to the cut off date are denied the revised benefit, while those who have retired subsequent to the cut off date have been given the revised benefits. It is contended that such classification is irrational and opposed to the law laid down by the Apex Court in D.S. Nakara and Ors. v. Union of India : AIR 1983 SC 130 and therefore the petitioners are entitled to the benefits as revised by Ext.P1 on a par with those who have retired, after the cut off dates.