J J JEFFERSON Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner was an employee of the Kerala State Electricity Board. Prior to joining the Kerala State Electricity Board, the petitioner had nine months and 29 days of aided school service. The petitioner retired from service of the Kerala State Electricity Board on 31.5.2002. The petitioner seeks reckoning of the aided school service also for the purpose of retirement benefits, which has not been favourably considered by the respondents. According to the petitioner, the issue is squarely covered in his favour by the decision of the Division Bench of this Court in W.A.No.2214/2009.

(2.) I have heard the learned standing counsel appearing for the KSEB also. The standing counsel could not dispute the fact that the issue in question is squarely covered by the decision of the Division Bench of this Court in W.A.No.2214/2009, which reads thus: 'The second petitioner is the appellant. Respondents 1 and 2 herein were the respondents in the Writ Petition. The point that arises for decision in this appeal is whether a teacher of an Aided School, who later joined the Kerala State Electricity Board (hereinafter referred to as "the K.S.E.B.), can count his past service in the school as teacher, for the purpose of pensionary benefits, on his retirement from the K.S.E.B. 2. The skeletal facts necessary for the disposal of the appeal are the following: The appellant had worked as a Lower Primary School Assistant in an Aided School from 17.8.1972 to 30.6.1977. The said service was approved by the Educational Officer concerned. Later, on 1.7.1977, he joined the K.S.E.B. as Cashier and retired from service as Senior Assistant on 31.10.2004. He filed a representation before the K.S.E.B., praying that his past service in the Aided School may also be reckoned for the purpose of granting pensionary benefits. But, the Chief Engineer of the K.S.E.B., by Ext.P4 order dated 16.6.2004, rejected his request. Therefore, the Writ Petition was filed, seeking appropriate reliefs, to enable him to count his past service as Lower Primary School Assistant also, for the purpose of pensionary benefits. The learned Single Judge, after hearing both sides, dismissed the Writ Petition. Hence, this appeal.

(3.) The learned counsel for the appellant brought to our notice that Rule 14 E of Part III of the Kerala Service Rules (for short "the Rules") mandates reckoning of Aided School service also for the purpose of pensionary benefits and that the provisions of the said Rule are mutatis mutandis applicable to the K.S.E.B. also, by virtue of Annexure A3 decision of the K.S.E.B. As per the said decision, the Rules, including the amendments introduced from time to time, are automatically applicable to the employees of the K.S.E.B., unless otherwise decided by the Full Board or they are contrary to the special regulations of the K.S.E.B. The learned counsel for the appellant submitted that in this case there is no decision by the Full Board of the K.S.E.B. not to make applicable Rule 14 E of the Rules and none of the regulations of the K.S.E.B. runs counter to the aforementioned provision in the Rules. So, the Writ Petition should have been allowed, it is submitted.