High Court of KeralaDivision BenchWrit appeals withdrawn; disposed of accordingly.

WA Nos. 612 of 2023, 614 of 2023 & 616 of 2023 (In the High Court of Kerala at Ernakulam)

Case / Petition Number:WA No. 612/2023, WA No. 614/2023 & WA No. 616/2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Amit Rawal
  • C.S. Sudha
Judgment Date
2023-11-16
Court Decision / Holding
Permission granted to withdraw the writ appeals; WA Nos. 612/2023, 614/2023 and 616/2023 are to be withdrawn and disposed of accordingly.
Final Disposition
Writ appeals withdrawn; disposed of accordingly.

Parties to the Case

Appellants / Petitioners

  • KERALA STATE ELECTRICITY BOARD LIMITED
  • DEPUTY CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED
  • ACCOUNTS OFFICER (PENSION AUTHORIZATION), KERALA STATE ELECTRICITY BOARD LIMITED
  • THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD LIMITED
  • CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ELECTRICITY BOARD LIMITED
  • SECRETARY (ADMINISTRATION), KERALA STATE ELECTRICTY BOARD LIMITED
  • CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED
  • ACCOUNTS OFFICER (PENSION AUTHORITY), KERALA STATE ELECTRICITY BOARD LIMITED

Respondents

  • M.J. Rajam
  • R. Suseela Devi
  • G. Lalithamma

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv. Antony Mukkath

Counsels for Respondents

  • • Adv. Harish Gopinath
  • • Adv. Amritha Somasundaran (K/001154/2022)
  • • Adv. S.P. Aravindakshan Pillay
  • • Adv. N. Santha (S-176)
  • • Adv. V. Varghese (K/514/1996)
  • • Adv. Peter Jose Christo (K/1216/2004)
  • • Adv. S.A. Anand (K/1216/2006)
  • • Adv. K.N. Remya (K/712/2010)
  • • Adv. L. Annapoorna (K/952/2013)
  • • Adv. Vishnu V.K. (K/001396/2018)
  • • Adv. Abhirami K. Uday (K/001426/2018)
  • • Adv. Thirumala P.K. Mani

Case Synopsis & Summary

These writ appeals challenge a 19 August 2022 order of the Kerala High Court's Single Bench (WP(C) Nos. 14478/2019; 26896/2019; 17190/2021) concerning Kerala State Electricity Board Limited (KSEBL) employees and the computation of their service leave for retirement benefits. The Single Bench had allowed the petitions by counting the period of leave availed by employees, a position the Board later sought to reverse after a lengthy gap, broadly described as recovering monetary relief or the benefit corresponding to leave. The Division Bench, comprising Justices Amit Rawal and C.S. Sudha, notes that the Single Bench's decision rested on a prior 2003 order in O.P.No.2774 of 2003, which also counted the leave period for benefitting employees. The court observed that after approximately 16 years, the Board’s attempt to recover or reverse the leave benefit raises substantial issues of reliance and possible contempt of court under Article 215 of the Constitution. During argument, the appellant’s counsel urged liberty to withdraw the writ appeals; the Division Bench granted this liberty, concluding with an order that the writ appeals be withdrawn and disposed of accordingly. The bench’s approach underscores the tension between retrospective recovery and the protection of legitimate reliance on court orders.

Provisions of Law Cited

Constitution of India, Article 215

Legal Doctrines & Maxims

  • Prima facie
  • Contempt of Court under Article 215 of the Constitution of India

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants argued for counting the period of leave and extending the associated benefits. Relying on the 2003 O.P. No.2774 decision and the Supreme Court’s State of Punjab v. Rafiq Masih (White Washer), they contended that the leave period should be counted toward service for the purpose of benefits; they asserted that denying the long-continued benefit after 16 years would undermine legitimate reliance and could amount to contempt if not honored.

Contentions of Respondents

The text provides limited explicit summary of respondents’ separate arguments in the excerpt; the bench’s remarks focus on the appellants’ stance and the need to count leave, with the proceedings indicating the respondents’ overall position was to defend any reversal of the benefit and question its withdrawal after a long lapse. No detailed articulation of respondents’ independent legal submissions is contained in the provided passage.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
State of Punjab v. Rafiq Masih (White Washer)(2015) 4 SCC 334PositiveCited as the Supreme Court authority relied upon by the Single Bench to justify counting the leave period and granting the petitions; the Division Bench acknowledges this precedent in evaluating the earlier judgment.
O.P.No.2774 of 2003O.P.No.2774 of 2003PositiveReferenced as the earlier decision on which the Single Bench had relied to count the leave period; the Division Bench notes the continuity of this approach.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL** **&** **THE HONOURABLE MRS. JUSTICE C.S. SUDHA** **THURSDAY, THE 16[TH] DAY OF NOVEMBER 2023/25TH KARTHIKA, 1945 WA NO. 612 OF 2023** **AGAINST THE JUDGMENT DATED 19/08/2022 IN** **WP(C)NO.14478/2019 OF HIGH COURT OF KERALA** ## **- APPELLANTS/RESPONDENT NOS.1 TO 4 IN WP(C):** 1 KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. 2 DEPUTY CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. 3 ACCOUNTS OFFICER (PENSION AUTHORISATION), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. 4 THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD LIMITED, CHENGANNUR, PIN – 689 121. BY ADV ANTONY MUKKATH ## **- RESPONDENT/PETITIONER IN THE W.P.(C):** M.J. RAJAM, AGED 71 YEARS, ASSISTANT ACCOUNTS OFFICER (RTD), RESIDING AT VILANILATH BINVILLA, THITTAMEL, CHENGANNUR P.O., PIN – 689 121. **W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023** **2** BY ADVS. HARISH GOPINATH AMRITHA SOMASUNDARAN(K/001154/2022) **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.11.2023, ALONG WITH WA.616/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023** **3** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **&** **THE HONOURABLE MRS. JUSTICE C.S. SUDHA** **THURSDAY, THE 16[TH] DAY OF NOVEMBER 2023 / 25TH KARTHIKA,** ## **1945** **WA NO. 614 OF 2023** **AGAINST THE JUDGMENT DATED 19/08/2022 IN** **WP(C)NO.26896/2019 OF HIGH COURT OF KERALA** **- APPELLANTS/RESPONDENT NOS.1 TO 5 IN WP(C):** |1|KERALA STATE ELECTRICITY BOARD LIMITED,| |---|---| ||REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM,| ||PATTOM, THIRUVANANTHAPURAM, PIN – 695 004.| |2|CHAIRMAN AND MANAGING DIRECTOR,| ||KERALA STATE ELECTRICITY BOARD LIMITED,| ||VYDYUTHI BHAVANAM, PATTOM,| ||THIRUVANANTHAPURAM, PIN – 695 004.| |3|SECRETARY (ADMINISTRATION),| ||KERALA STATE ELECTRICITY BOARD LIMITED,| ||VYDYUTHI BHAVANAM, PATTOM,| ||THIRUVANANTHAPURAM, PIN – 695 004.| |4|CHIEF ENGINEER (HRM),| ||KERALA STATE ELECTRICITY BOARD LIMITED,| ||VYDYUTHI BHAVANAM, PATTOM,| ||THIRUVANANTHAPURAM, PIN – 695 004.| |5|ACCOUNTS OFFICER (PENSION AUTHORIZATION),| ||KERALA STATE ELECTRICITY BOARD LIMITED,| ||VYDYUTHI BHAVANAM, PATTOM,| ||THIRUVANANTHAPURAM, PIN – 695 004.| ||BY ADV ANTONY MUKKATH| **W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023** **4** ## **RESPONDENT/PETITIONER IN THE WP(C):** R. SUSEELA DEVI, AGED 74 YEARS, RETIRED DEPUTY CHIEF ENGINEER/ DIRECTOR OF MANAGEMENT INFORMATION SYSTEM (MIS), KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM- 695 004. RESIDING AT KEERTHANAM, T.C. 3/2476/MGRA- 105, TKD ROAD, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. BY ADVS. S.P.ARAVINDAKSHAN PILLAY N.SANTHA(S-176) V.VARGHESE(K/514/1996) PETER JOSE CHRISTO(K/1216/2004) S.A.ANAND(K/1216/2006) K.N.REMYA(K/712/2010) L.ANNAPOORNA(K/952/2013) VISHNU V.K.(K/001396/2018) ABHIRAMI K. UDAY(K/001426/2018) **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.11.2023, ALONG WITH WA.616/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023** **5** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL** **&** **THE HONOURABLE MRS. JUSTICE C.S. SUDHA THURSDAY, THE 16[TH] DAY OF NOVEMBER 2023 / 25TH KARTHIKA,** **1945** **WA NO. 616 OF 2023** **AGAINST THE JUDGMENT DATED 19/08/2022 IN WP(C)NO. 17190/2021 OF HIGH COURT OF KERALA** ## **- APPELLANTS/RESPONDENT NOS.1 TO 3 IN WP(C):** 1 KERALA STATE ELECTRICITY BOARD (KSEBL), REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. 2 CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. 3 ACCOUNTS OFFICER (PENSION AUTHORITIES), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. BY ADV ANTONY MUKKATH ## **RESPONDENT/PETITIONER IN THE WP(C):** G. LALITHAMMA, AGED 76 YEARS, W/O V. JAYACHANDRAN, SENIOR SUPERINTENDENT **W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023** **6** (RETIRED), KERALA STATE ELECTRICITY BOARD, RESIDING AT 'PAURNAMI', MRA 37, PONGUMOODU, MEDICAL COLLEGE. P.O., THRIRUVANANTHAPURAM, PIN – 695 011. BY ADV THIRUMALA P.K.MANI **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.11.2023, ALONG WITH WA.612/2023, 614/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023** **7** ## **AMIT RAWAL & C.S.SUDHA, JJ.** **----------------------------------------------------------------W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023 ----------------------------------------------------------------Dated this the 16[th] day of November, 2023** ## **J U D G M E N T** ## **Amit Rawal, J.** _Prima facie_ we are of the view that the judgment dated 19/08/2022 of the Single Bench is based upon a previous judgment dated 14.03.2003 in O.P.No.2774 of 2003, whereby the period of leave availed has been ordered to be counted. After 16 years of the service, KSEB sought the recovery in connection with the leave availed. The learned Single Bench Judge by relying upon the judgment of the Hon'ble Supreme Court in **State of Punjab v. Rafiq Masih (White Washer), (2015) 4 SCC 334** dated 19.08.2022 allowed the writ petitions. The matter did not stop there and jurisdiction of the Division Bench by way of intra-court appeal has been invoked. 2. While hearing the argument, we confronted the counsel for the appellant that the Single Bench of this Court had already noticed the fact **W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023** **8** that the leave period ought to have been counted and the benefit granted to the employees could not have been withdrawn after a gap of 16 years and non-compliance of the same would tantamount to contempt of Court under Article 215 of the Constitution of India. Faced with the situation, the learned counsel for the appellant seeks liberty of this court for withdrawal of writ appeals. Permission is granted. Ordered accordingly. **Sd/-** **AMIT RAWAL JUDGE** **Sd/-** **C.S.SUDHA JUDGE** ak