LAWS(KER)-2012-9-447

C.P. KUTTYKRISHNAN Vs. KERALA STATE ELECTRICITY BOARD

Decided On September 05, 2012
C.P. Kuttykrishnan Appellant
V/S
KERALA STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) THESE two appeals arise out of a common judgment dated 07.02.2011 in W.P. (C) Nos. 33795 and 33794 of 2008. The two writ petitioners approached this Court challenging withholding of DCRG amounts payable to them after their retirement by the respondent employer on the ground that on account of lapses on the part of the writ petitioners the Board has to sustain huge loss amounting to Rs.3,17,125/ -.

(2.) IT is not in dispute that these two appellants were employees of Kerala State Electricity Board who retired on 31.05.2005. The entire issue revolves round the issue of non -assessing the consumption charges of one consumer with No. 492 AP (LT IV) installed in his rice flakes mill. According to the Board, the meter installed in the premises of consumer was C.T. meter with multiplication factor being 20 (100/5), but the meter readers, i.e. both the appellants who were in charge of consumer No. 492 AP, though took meter reading from April 2002 to January 2003 ignored multiplication factor resulting in huge loss to the Board. As soon as the matter was noticed, the 1st respondent Board prepared an invoice for Rs.3,17,125/ - towards the arrears of electricity consumption charges from July 2001 to January 2003 against consumer No. 492 AP -rice flakes mill under electricity section in the jurisdiction of Chokli.

(3.) APPARENTLY disciplinary proceedings were initiated against the appellants regarding their negligence resulting in huge loss to the Board and it ended with a punishment of withholding two increments with cumulative effect. This also came to be challenged by the appellants but, however, they were not successful. Then subsequently after retirement of these appellants on 31.05.2005, when they were not paid DCRG amounts, on enquiry they learned that DCRG amounts were withheld to the extent of the loss caused on account of wrong billing of them so far as consumer No. 492 AP which is Rs.3,17,125/ -. Aggrieved by the same, they approached this Court.