WP(C) NO. 13255 OF 2023 1 2025:KER:29513 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13255 OF 2023 PETITIONER: MOHAMMED SHERIF V.P. AGED 60 YEARS 50/625B,VAZHAMATTOM HOUSE, MANIMALA ROAD, EDAPALLY, ERNAKULAM DISTRICT, PIN - 682024 BY ADVS. RAJESH VIJAYENDRAN ASOK CHACKO THOMAS RESPONDENTS: 1 KERALA STATE ELECTRICITY BOARD - KSEB REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004 2 THE SECRETARY - KERALA STATE ELECTRICITY BOARD LIMITED VAIDYUTHI BHAVANAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004 3 THE CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ELECTRICITY BOARD LIMITED, VAIDYUTHI BHAVANAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004 4 THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD LIMITED, VAIDYUTHI BHAVANAM, PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004 BY ADV THANKAPPAN M K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13255 OF 2023 2 2025:KER:29513 JUDGMENT The present writ petition has been filed by the petitioner who retired as Assistant Executive Engineer from the services of the Kerala State Electricity Board Limited (KSEBL) on 30.04.2019. The petitioner had faced the departmental proceedings for the loss of Rs.5,43,573/- allegedly caused to the Board by not filing a Review Petition in Appeal No. P/214/2011 before the State Electricity Ombudsman despite the direction issued by the Board. The petitioner had been inflicted with the punishment order dated 10.02.2020, whereby one increment with cumulative effect was withheld. An appeal filed against the said punishment order was dismissed by the Chairman and Managing Director of the KSEBL. 2. The petitioner has approached this Court in W.P.(C.) No. 10490/2020 for a direction to disburse his post-retirement dues. This Court vide judgment dated WP(C) NO. 13255 OF 2023 3 2025:KER:29513 29.06.2020 passed a direction in the said writ petition to consider and pass orders on appeal preferred by the petitioner, and further directed to the respondent Board to see whether admitted pensionary benefits are sanctioned and disbursed to the petitioner pending decision in appeal, whereas his claim for interest was left open. In compliance with the said judgment, the respondents released the admitted pensionary benefits alone. The petitioner again approached this Court in W.P.(C) No. 22994/2020. This Court, vide judgment dated 04.07.2022, set aside the order of punishment so far as the recovery of liability from the petitioner was concerned. 3. It was also held that the petitioner was entitled for release of his entire retirement benefit, less an amount of Rs.1,00,800/- fixed due to a barring of one annual increment with cumulative effect. The balance amount of Rs.4,93,417/- + Rs. 3,19,227/- recovered from the retirement benefits of the petitioner towards the WP(C) NO. 13255 OF 2023 4 2025:KER:29513 principal and interest of his personal liability were directed to be released to the petitioner with applicable interest. The said amount has been released to the petitioner vide order dated 06.12.2022 along with interest at the rate of 5.15% i.e, the applicable interest. 4. The learned counsel for the petitioner submits that the interest has not been properly paid and the rate of interest is higher than 5.15%. However, there is no material to support this contention of the petitioner. In view thereof, I do not find that anything more can be ordered in the writ petition. Thus, the writ petition has been rendered infructuous in view of the fact that the amount as directed by this Court, along with interest having been paid to the petitioner. Sd/- D. K. SINGH JUDGE AP WP(C) NO. 13255 OF 2023 5 2025:KER:29513 APPENDIX OF WP(C) 13255/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 29.06.2020 IN W.P. (C) NO. 10490/2020 OF HON’BLE HIGH COURT OF KERALA Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 04.07.2022 IN W.P. (C) NO. 22994/2020 OF HON’BLE HIGH COURT OF KERALA Exhibit P3 TRUE COPY OF THE LETTER BEARING NO. PA III / PPO- 46183/ 2022-23 DATED 23.11.2022 ISSUED BY ACCOUNTS OFFICER, PENSION AUTHORIZATION, KSEB Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 20.02.2023 ISSUED BY THE PETITIONER TO RESPONDENTS 2, 3 AND 4 Exhibit P5 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXHIBIT P4 BY THE 2ND RESPONDENT Exhibit6 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXHIBIT P4 BY THE 3RD RESPONDENT Exhibit7 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXHIBIT P4 BY THE 4TH RESPONDENT RESPONDENT EXHIBITS Exhibit R4(a) True copy of the letter No. EBPS 8/802/2022 dated 24.04.2023 Exhibit R4(b) True copy of the proceedings No. EBPS 8/802/2019 dated 27.02.2025 Exhibit R4(c) True copy of the proceedings No EBPS 8/802/2019 dated 27-08-2020 Exhibit R4(d) True copy of the clarification of the Financial Advisor vide letter No. FA-AAA-FO1/2022/113 dated 01.12.2022