SHEELA MOHAN Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioner retired from KSEB on 06.09.1989 while working as Sub Engineer. Her terminal benefits were sanctioned as per Ext. P1 order dated 07.08.2013. In Ext. P1 order, the Chief Engineer stated that as the petitioner is having only 8 years of qualifying service, on account of her availing of leave without allowance, she is neither eligible for statutory pension nor for exgratia pension and only DCRG is admissible to her. Petitioner submits that she is eligible for exgratia pension as per Ext. P3 circular dated 19.07.2012. Paragraph 11 of this order deals with exgratia pension and it provides for the revision of rates of exgratia pensioner with effect from 01.07.2008/01.08.2008, for qualifying service between 3 years and below onwards to 9 years, for the respective years. Clause 1 of Ext. P3, refers to the introduction of the scheme in the year 1999. The Board order dated 31.05.2012 has revised the rates of pension and other related benefits to the pensioners/family pensioners of the Board based on the Government orders referred to therein i.e., G.O. (P).87/2011/Fin dated 28.02.2011, G.O. (P). No. 405/2011/Fin dated 26.09.2011 and G.O. (MS). No. 15/12/PD dated 16.07.2012. Petitioner has also produced Ext. P2 order issued by Government on 14.03.2007 in which the Government ordered revision of rates of exgratia pension for those who retired with qualifying service of between 3 years and below and 9 years. Ext.P2 also stated that exgratia pension scheme was introduced to those who retired from service on superannuation and are ineligible for statutory pension as per Government Orders-G.O. (P). No. 1851/99/Fin. dated 18.09.1999 and G.O. (P). No. 180/06/Fin. dated 18.04.2006.

(2.) Petitioner had approached this Court earlier in W.P.(C).No. 3987 of 2014. By Ext. P5 judgment dated 08.08.2014, the writ petition is disposed of, saying that Government was not a party and Annexure-R3(a) order was not under challenge. Petitioner has filed this writ petition thereafter.

(3.) Respondents have filed counter affidavit, producing Ext. R1(a) order which is the order introducing exgratia pension. In Ext. R1(a), it is stated that exgratia pension scheme was introduced to provide relief to the employees who retired from service on superannuation and are ineligible for statutory pension as per the provisions contained in Kerala Service Rules. Paragraph 1 of this order deals with eligibility under Clause (a) it is stated that Scheme is limited to employees who retired from service on superannuation but do not have the minimum qualifying service (i.e., 10 years) for statutory pension as specified in Rule 57 of Part III KSR. Clause (b) provides that "those who have lost their eligibility for minimum pension on account of not having the minimum qualifying service i.e., 10 years" by availing leave without allowance including those sanctioned under Appendix XII A/Appendix XII C of Kerala Service Rules will not be eligible for the exgratia pension. The contention of the respondents is that after the petitioner entered service under the board on 06.09.1989, she had availed leave without allowances for 2 years from 16.11.1991, which was later extended for a further period of 2 years till 5.01.1996. It is also stated that petitioner got promotion as Assistant Engineer in May 1996. He had joined duty on 21.05.1996. Petitioner states that she has availed further period of 12 years 5 months and 2 days leave without allowance from 12.04.1997 to 12.09.2009 to accompany her husband who was abroad. She was granted such leave based on sanction accorded by Board.