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2010 Supreme(Ker) 64

K.BALAKRISHNAN NAIR, C.T.RAVIKUMAR
P. M. Abdul Jabbar – Appellant
Versus
Kerala State Electricity Board – Respondent


Advocates Appeared:For the Petitioners:P. Ali, Advocate. For the Respondents:R1 & R2, Ashok M. Cheriyan, Standing Counsel, KSEB, R3, T. Ancy, Advocate.

Judgment :-

Balakrishnan Nair, J.

The second petitioner is the appellant. Respondents 1 and 2 herein were the respondents in the Writ Petition. The point that arises for decision in this appeal is whether a teacher of an Aided School, who later joined the Kerala State Electricity Board (hereinafter referred to as “the K.S.E.B.), can count his past service in the school as teacher, for the purpose of pensionary benefits, on his retirement from the K.S.E.B.)

2. The skeletal facts necessary for the disposal of the appeal are the following: The appellant had worked as a Lower Primary School Assistant in an Aided School from 17.8.1972 to 30.6.1977. The said service was approved by the Educational Officer concerned. Later, on 1.7.1977, he joined the K.S.E.B., as Cashier and retired from service as Senior Assistant on 31.10.2004. He filed a representation before the K.S.E.B., prayed that his past service in the Aided School may also be reckoned for the purpose of granting pensionary benefits. But, the Chief Engineer of the K.S.E.B., by Ext.P4 order dated 16.6.2004, rejected his request. Therefore, the Writ Petition was filed, seeking appropriate reliefs, to enable him to count his past ser









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