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2019 Supreme(Ker) 312

SHIRCY V.
A. Sreedharan – Appellant
Versus
Kerala State Electricity Board – Respondent


Advocates Appeared:
For the Appellant : Sri. Vinoy Varghese Kallumoottill, Adv.
For the Respondent: Sri. K.M.Sathyanatha, Sri. P.A.Ahamed, SC, Sri. Sudheer Ganesh Kumar, SC, Advs.

JUDGMENT :

This appeal is preferred by the additional plaintiffs in O.S.No.294/2004 before the Sub Court, Kollam. The suit was instituted by a retired employee of the Kerala State Electricity Board (for short “KSEB”). During the pendency of the suit, she expired and the additional plaintiffs were brought on record as her legal representatives. Certain facts are not in dispute. The original plaintiff while working as Senior Superintendent under KSEB, retired from service on superannuation on 30.4.2000. Though she was entitled for pension, her entire pensionary claims have not been granted in view of the objection raised in an audit report. She availed leave without allowance for three spells during 1979 and 1980. So annual increments from 1996 were not paid and the pensionary claims were not settled. Therefore, she filed O.P.No.23404 of 2000 before this Court and by a judgment dated 4th March, 2003, the audit objection raised against her was quashed. In the said judgment, it was made clear that she was entitled to get arrears of salary and pension due to her and a further direction was given to release the same within a time frame. It was further made clear that the claim of the peti




















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