Pension benefits are statutory; without proper remittance from associated parties, previous service is not eligible for pension computation.

JUDGMENT SUSHRUT ARVIND DHARMADHIKARI ,J The present Writ Appeals are filed under Section 5 of the Kerala High Court Act , 1958 arise out of the common judgment dated 16.02.2017 passed in RP Nos.914/2013 and 902/2013 in WP(C) No.28950/2012 whereby the learned Single Judge has disposed of the Review Petitions as under:

(i) RP No.914/2013 is disposed of reserving the right of the petitioner to claim re- computation of the qualifying service on the basis of Ext.P3, in the event, the BSNL pays the pro-rata pension to the Kerala State Electricity Board as contemplated therein.

(ii) RP No. 902/2013 is allowed deleting that part of the judgment which directs payment of interest @ 9% of the amount covered by Ext.P1.

2. The brief facts of the case are that the appellant entered the service of the 1^st respondent on 16.02.1982 as Assistant Engineer. After completing service of more than 29 years, he retired on superannuation, but was not given pension or terminal benefits including Gratuity, Terminal Earned Leave Surrender amount etc. Being aggrieved, the appellant herein filed WP(C) No.28950/2012 seeking for the following reliefs:-

“(i) Issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the respondents to disburse (a) Full pension taking in to account the Board Approved P&T service period also and the Arrears there to from the date of retirement till date.

(b) The death cum retirement gratuity amount due to the petitioner.

(c) Terminal Earned Leave surrender amount.

Together with interest on all payments due to the petitioner as on his date of retirement on 31.05.2011 including Last pay paid in March 2012, at the rate of 12% per annum accruing from 31.05.2011 till date of payment to be paid within a time limit to be stipulated by this Hon’ble Court.

(ii) Issue such other orders as this Hon’ble Court may deem fit and proper in the interest of justice.”

3. The learned Single Judge while finally deciding the Writ Petition passed the following order:-

“Petitioner has approached this court contending that the full pensionery benefits including DCRG has not been paid to the petitioner despite the fact that the same was sanctioned by virtue of Ext.P1 as early as on 5.11.2012. No counter affidavit is filed in the matter.

2. Having regard to the aforesaid submission made by the petitioner, this writ petition is only to be allowed. The pensionery benefits is a statutory right available to any pensioner and delay in payment of the same would result in gross injustice. In that view of the matter I allow writ petition as follows:

3. The respondent Board shall pay to the petitioner the entire amounts due to him towards terminal benefits which is computed in terms of Ext.P1 within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall also be entitled for interest on the amounts payable @9% per annum from the date of Ext.P1 till payment.”

4. Being aggrieved by the judgment dated

27.08.2013 in WP(C) No.28950/2012, the appellant herein filed RP No.914/2013, whereas, the first respondent herein also filed RP No.902/2013. The learned Single Judge decided both the RP’s vide a common order dated 16.02.2017. The Review Petition No.914/2013 filed by the appellant was disposed of reserving the right of the petitioner to claim re-computation of the qualifying service, in the event the BSNL pays the pro-

rata pension to the KSEB as contemplated therein.

4.1. So far as the RP No.902/2013 filed by the KSEB (the first respondent herein) is concerned, the learned Single Judge allowed the Review Petition deleting the part of the judgment which di