GOPINATHA PILLAI Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioners were employees of the Kerala State Electricity Board. THEy have retired from service subsequent to 1.7.2003. After their retirement, the scales of pay of the employees of the Kerala State Electricity Board have been revised with retrospective effect from the date prior to their retirement. Petitioners' grievance in this writ petition is that although their pay was revised accordingly, the petitioners were not paid revised DCRG and commuted value of pension in terms of the pay revision. THE petitioners, therefore, seek the following reliefs: "i. Issue a writ of certiorari or any other writ or order calling for he (sic) records relating to exhibit P1 and to quash clauses 6.1, 7.1 and 7.2 of the same to the extend its (sic) fixes the cut of date for availing the benefits, in the greater interest of justice. ii. Issue a writ of mandamus or any other writ or order directing the respondents to extend the benefit of commutation of pension reckoning the revised pension granted and to enhance the DCRG limit in the case of petitioners 3 to 8. "

(2.) I have heard the learned standing counsel for Electricity Board.

(3.) COUNTER affidavit has been filed by the Board. In the counter affidavit no justification is forthcoming regarding the fixation of the cut off date as incorporated in the impugned provisions of the Board order. Board also has not succeeded in showing that the benefits provided in the impugned provisions are anything other than revision of the existing benefits. They have also not put forward any other justification for fixing such a cut off date.