K V GRACY 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. THE 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: "(a) issue a writ of mandamus or any other appropriate writ, order or direction to extend the benefits of enhanced DCRG and enhanced rate of commutation of pension on the revised pension consequent on the revision of pay. (b) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to the issuance of clause 6.1, 7.1 and 7.2 of Ext. P1 order and to quash the provisions discriminating pensioners based on the date of retirement."

(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.