R.P. NO. 213 OF 2020 1 2025:KER:27641 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 RP NO. 213 OF 2020 AGAINST THE JUDGMENT DATED 01.08.2019 IN WP(C) NO.27045 OF 2014 OF HIGH COURT OF KERALA REVIEW PETITIONERS/RESPONDENTS 3, 4 AND 5 IN THE W.P.(C) 1 KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY THE SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004. 2 THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LTD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAURAM 695 004. 3 THE EXECUTIVE ENGINEER, LOWER PERIYAR ELECTRIC DIVISION, KERALA STATE ELECTRICITY BOARD LTD, KARIMANAL, IDUKKI 685 602. BY ADV. ANEETHA A.G., SC, KERALA STATE ELECTRICITY BOARD LIMITED RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2 IN THE WPC: 1 T. C. RAJESH KUMAR AGED 42 YEARS, S/O. T.C CHANDRASHEKAHARA MENON, SUB ENGINEER, LOWER PERIYAR ELECTRIC DIVISION, KARIMANAL, THATTEKANNY (PO), IDUKKI DIST. 2 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 R.P. NO. 213 OF 2020 2 2025:KER:27641 3 THE DIRECTOR, DIRECTORATE OF URBAN AFFAIRS, THIRUVANANTHAPURAM 695 001. BY ADVS. R. REJI M.V.THAMBAN(K/364/1986) THARA THAMBAN(K/497/2001) B.BIPIN(K/297/2007) ARUN BOSE(K/140/2013) JEENA A.V.(K/1146/2006) THOMAS THOMAS(K/1181/2023) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.P. NO. 213 OF 2020 3 2025:KER:27641 D. K. SINGH, J. -------------------------- R.P. No. 213 of 2020 ------------------------- Dated this the 27th day of March, 2025 JUDGMENT 1. The present review petition has been filed seeking review of the Judgment dated 01.08.2019 passed in W.P.(C) No. 27045 of 2014 and other connected writ petitions. The learned Single Judge placing reliance on a Judgment rendered in W.P.(C) No. 30809 of 2007 and other similar Judgments has directed the review petitioner KSEB Ltd. to reckon the service of the petitioner in the Municipal Common Service before joining the services of the Kerala State Electricity Board Ltd. 2. The learned Counsel for the review petitioner submits that the decision rendered by the Division Bench in this respect was under consideration before the Full Bench of this Court and the Full Bench finally in the case of Jayakumar S. and Others v. State of Kerala and Others [2021 (5) KHC 157] held that the direction to count the past services in Public Sector Undertakings , autonomous or similar bodies for purposes of pension was unsustainable. Paragraph No. 30 of the said Judgment of the Full Bench reads as under; R.P. NO. 213 OF 2020 4 2025:KER:27641 30. The contention that the amendment brought about to R.20 by G.O.(P) No. 93/2018/Fin., pursuant to the decision in Mohammed Basheer, is indicative of the Government having understood R.20 read along with Government orders to provide for reckoning of past service in public sector undertakings, autonomous or similar bodies for the purpose of pension, is unsustainable. The Rule, as it stood prior to the amendment, was clear enough and the mistaken understanding of the Rule in Mohammed Basheer cannot be the basis for claiming an unmerited benefit. ******** ******** ********** 3. As the Judgment sought to be reviewed is against the law laid down by the Full Bench, it requires to be reviewed. Thus, the aforesaid Judgment dated 01.08.2019 in W.P.(C) No. 27045 of 2014 is hereby reviewed and the review petition is allowed. Let the writ petition be listed for hearing before the appropriate Bench. Sd/- D. K. SINGH JUDGE Svn R.P. NO. 213 OF 2020 5 2025:KER:27641 APPENDIX OF RP 213/2020 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 01-08-2019 IN W.P(C) NO. 27045/2014 ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 01-11-2019 IN RP NO. 907/19 ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 03-09-2019 IN OP(KAT) NOS 394/18 AND OTHERS