WA NO. 925 OF 2015 1 2025:KER:29108 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WA NO. 925 OF 2015 AGAINST THE JUDGMENT DATED 06.03.2015 IN WPC NO.19871 OF 2014 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: R.V.GEORGE, AGED 60 YEARS, S/O. VARKEY, RATHAPILLY HOUSE, KUPPAYACODE P.O., KODENCHERRY-VIA, KOZHIKODE DISTRICT, PIN:673580. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH RESPONDENTS/RESPONDENTS: 1 KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS SECRETARY. 2 THE CHIEF ENGINEER (HUMAN RESOURCES MANAGEMENT), K.S.E.B., PATTOM, THIRUVANANTHAPURAM-695004. 3 THE DEPUTY CHIEF ENGINEER, K.S.E.B. CIVIL CIRCLE, KAKKAYAM, KOZHIKODE-673615. WA NO. 925 OF 2015 2 2025:KER:29108 OTHER PRESENT: SRI. ANTONY MUKKATH, SC, KSEB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA NO. 925 OF 2015 3 2025:KER:29108 J U D G M E N T Muralee Krishna, J. This writ appeal is filed under Section 5(i) of the Kerala High Court Act, 1958, by the petitioner in W.P.(C)No.19871 of 2014, being dissatisfied by the direction of the learned Single Judge while disposing of that writ petition as per the judgment dated 06.03.2015, whereby the 1st respondent Kerala State Electricity Board is directed to disburse all the retirement benefits to the appellant within a period of two months from the date of receipt of a copy of that judgment on his executing a bond together with two solvent sureties each for the amount due to the appellant, undertaking that he would be liable to compensate the Board, if, ultimately, it is found that the board has sustained any loss on account of the laches on the part of the appellant. 2. The grievance of the appellant against the aforesaid judgment is that there is no direction to regularise the period of suspension undergone by the appellant from 26.10.2004 to 20.05.2006 by treating the said period as duty for all purposes of service benefits and also there is no direction to pay interest on WA NO. 925 OF 2015 4 2025:KER:29108 the terminal benefits at the treasury rate with effect from 01.07.2009. 3. The appellant joined service under the 1st respondent Board as an Overseer on 22.08.1989 and retired on 30.06.2009 while working as Assistant Engineer. While in service, he was kept under suspension during the period between 26.10.2004 and 20.05.2006. During the period of suspension, he was paid only subsistence allowance. He approached this Court with the writ petition claiming that he is entitled to total pay and allowances for the said period and was not disbursed with the terminal benefits such as DCRG, commuted value of pension, family benefit scheme, etc. In the counter affidavit filed by the 3rd respondent in the writ petition, the main reason pointed out for not disbursing the terminal benefits is the pendency of vigilance enquiry against the appellant. It was contended that the suspension period can be regularised only in accordance with the mode of disposal of the vigilance case which was pending as C.C.No.4 of 2009 before the Court of Enquiry Commissioner and Special Judge, Kozhikode. According to the respondents, as per Rule 3A Part III KSR, only provisional pension can be sanctioned, if cases are pending before WA NO. 925 OF 2015 5 2025:KER:29108 the judiciary and only after the disposal of the case, pension claims can be finally settled. After hearing both sides, the learned Single Judge disposed of the writ petition as said above. 4. Heard the learned counsel on both sides. 5. When the matter was taken up for hearing, the appellant has produced Annexures-E and F documents along with I.A.No.1 of 2025, filed under Order 41 Rule 27 of C.P.C. Annexure- E is the copy of the common order dated 17.08.2017 passed by the Court of the Enquiry Commissioner and Special Judge, Kozhikode, whereby the appellant and some of the co-accused were discharged of the vigilance case under Section 239 Cr.P.C. Annexure-F is the copy of the order dated 29.10.2018 issued by the Chairman and Managing Director of the 1st respondent, whereby the 1st respondent Board has directed the Accounts Officer (Pension Sanction) to take further steps to release the consequential benefits to the appellant. Since these documents came into existence after the disposal of the writ petition and are relevant for proper adjudication of the above appeal, they are received by allowing I.A.No.1 of 2025. WA NO. 925 OF 2015 6 2025:KER:29108 6. From Annexure-F proceedings of the Chairman and Managing Director of the 1st respondent, it is clear that the 1st respondent Board has now taken steps to release the retirement benefits to the appellant. Though the appellant claims interest for the retiral benefits from the date of retirement, we are of the considered opinion that a decision regarding such entitlement of the appellant, cannot be taken in this writ appeal and the appellant has to approach the competent civil court for the said relief, if he is entitled. In such circumstances, the above writ appeal is disposed of noticing Annexure-F order dated 29.10.2018 passed by the Chairman and Managing Director of the 1st respondent and leaving open the right of the appellant to approach the competent civil court for the subsequent reliefs, if any, he is entitled. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- MURALEE KRISHNA S., JUDGE DSV/- WA NO. 925 OF 2015 7 2025:KER:29108 APPENDIX OF WA 925/2015 APPELLANT’S ANNEXURES Annexure -A TRUE COPY OF THE STATEMENT OF FACTS FILED BY THE GOVERNMENT BEFORE THE HON'BLE KERALA LOK AYUKTA IN COMPLAINT NO.1306/2004. Annexure -B TRUE COPY OF THE STATEMENT DATED 7.7.2005 FILED BY THE KERALA STATE ELECTRICITY BOARD IN COMPLAINT NO.1306/2004. Annexure -C TRUE COPY OF THE ORDER DATED 11.7.2005 OF THE HON'BLE KERALA LOK AYUKTA. Annexure -D TRUE COPY OF THE MEMO OF CHARGES DATED 30.12.2004 ISSUED BY THE KERALA STATE ELECTRICITY BOARD. Annexure - E TRUE COPY OF THE COMMON ORDER DATED 17.8.2017 IN CMP 242/2017 IN CC 4/2009 OF THE LEARNED COURT OF THE ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOZHIKODE. Annexure - F TRUE COPY OF THE ORDER NO.VIG/A2/6797/2004/3366 DATED 29.10.2018 ISSUED BY THE CHAIRMAN AND MANAGING DIRECTOR OF THE 1ST RESPONDENT.