IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 24^TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945 WP(C) NO. 19405 OF 2011 PETITIONER:

E.V.MOHANDAS KERALA STATE ELECTRICITY BOARD, ELECTRIAL DIVISION, ERNAKULAM, RESIDING AT EDAKKATTIL HOUSE,, CHERUPILLY ROAD, KALOOR, KOCHI- 682017.

BY ADVS.

SRI.K.JAJU BABU SMT.DIVYA CHANDRAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH SMT.M.U.VIJAYALAKSHMI RESPONDENTS:

1 KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SERETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004.

2 THE CHIEF ENGINEER (HRM)

KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN 695004.

3 THE EXECUTIVE ENGINEER KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, ERNAKULAM, COCHIN- 682018.

4 THE ACCOUNTS OFFICER (PENSION AUDIT)

KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, THIRUVANANTHAPURAM- 695004.

BY ADVS.

SRI.M.K.THANKAPPAN, SC, KERALA STATE ELECTRICITY BOARD LIMITED SRI.K.S.ANIL, SC, KSEB SRI ANTONY MUKKATH, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

1. Petitioner joined the service of the Kerala State Electricity Board as Assistant Engineer with effect from 20.08.1990 and retired as Executive Engineer on 31.08.2008. Prior to joining the Board he had rendered service of two (2) years ten(10) months and ten(10) days in the Air Force and one year four(4) months and four(4) days in the Sports Authority of India. KSEB third respondent reckoned the service rendered by the petitioner in the aforementioned two organizations. However, audit objection in regard to the pensionary benefits was raised on the ground that the petitioner had not submitted application in time for counting the past service. It is in that background impugned demand Ext.P5 dated 22.02.2007 issued by the third respondent rejecting the case of the petitioner for considering the service rendered under the Government of India is challenged in the present writ petition.

2. Learned counsel for the petitioner submitted that the petitioner is covered by the applicability of Rule 11 Note 2 part III of the Kerala Service Rules in as much as that service rendered by him in Air force is undisputably required to be counted. The only objection raised by the respondents is with regard to the service of one year four months and four days in the Sports Authority of India as that Central Public sector was omitted from the applicability of the Rule with effect from 12.11.2002 caused by an amendment dated 22.11.2010. It was contended that petitioner in this case retired on 31.08.2008 and the amendment with regard to the Central Public Sector was not in existence at the point when the petitioner retired.

3. On the other hand, learned counsel appearing on behalf of the respondents emphatically relied upon the said amendment caused by the Government order dated 22.11.2010 with effect from 12.11.2002 on the ground that for any former service in Central Public sector rendered by an employee, the benefit of pension would be though available, only if the employee remits the share proportionate to pro-rata pension on a service share basis.

4. I have heard learned counsel for the parties and appraised the paper books

5. Note 2 to Rule 11 of Part III of the Kerala Service Rules reads as under:

“Note 2. Temporary employees of the Government of India on deputation to the State Government who are subsequently absorbed in the service of the State Government will be allowed to count for pension the period of their continuous temporary service under the Government of India immediately preceding the service under the State Government (vide also Rule 61). [Employees of State Government Departments who left the former service in Central Government/Central Public Sector Undertakings on their own volition for taking up appointment in State Government Departments will be allowed to reckon their prior service for all pensionary benefits