SAJI ABRAHAM Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner joined the Electricity Board as Electrical Worker on 12.06.1997. He was thereafter promoted as Lineman in the year 2003, as Meter Reader in the year 2005 and as Sub Engineer in the year 2009.

(2.) It would appear that, prior to his regular appointment as Electrical Worker with effect from 12.06.1997, he was engaged on contract basis under the Board for the period from October, 1993 to August, 1994. Pursuant to the long term settlement that was entered into between the Kerala State Electricity Board and the trade unions representing the workmen, the petitioner became entitled to count the period of contract service on consolidated pay for the purposes of the weightage, that was contemplated under the settlement, for past service in the Board. The said weightage was contemplated at the rate of 1% of the basic pay in the pre-revised scale of the employee for each completed year of service under the Board as on 31.07.2003, subject to a minimum of Rs. 80/- and maximum of 20%. It was also made clear that for the purposes of calculating weightage the fraction of a year, if any, consisting of six months or more will be rounded to the next higher year and the fraction of a year less than six months would be ignored.

(3.) In accordance with the terms of the settlement, the petitioner was given weightage of 7% considering his tenure of regular service between 12.06.1997 and 31.07.2003, and one year of contract service between October, 1993 and August, 1994. Thereafter, by Ext. P4 audit objection, the petitioner was informed that insofar as there was a break of service from August, 1994 to 12.06.1997, the period of contract service rendered by the petitioner would not be reckoned for the grant of weightage as per the long term settlement. Ext. P6 is the order of the respondent Board pursuant to the audit objection noticed against the petitioner, and in response to the representation preferred by the petitioner against the proposal to effect recoveries from him. In Ext. P6 order, the respondent Board clearly finds that insofar as there was a break in service from August, 1994 to 12.06.1997, between the contract service and the Board service of the petitioner, the petitioner would not be entitled for the grant of weightage in terms of long term settlement. Exts. P4 and P6 are impugned in the Writ Petition.