1

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6001 OF 2009 [arising out of SLP(C) No. 28174 of 2008]

SECRETARY, KERALA STATE ELECTRICITY BOARD & ANR. ..... APPELLANTS

VERSUS

K. SUDHAKARA PANICKER ..... RESPONDENT

O R D E R

Leave granted.

By the impugned judgment, the respondent herein,  

who  is  an  employee  of  the  appellant-Kerala  State  

Electricity Board has been granted the benefit of past  

service towards the computation of pension.

Mr. M.T. George, the learned counsel for the  

appellant-Board  has,  however,  produced  before  us  a  

Government Order dated 2nd February, 2001 whereby the  

benefit of past service has to be granted though some  

public bodies and Public Sector Undertakings or those  

set  up  under   Central  or  State  Legislations   are  

excluded.  It is the contention of Mr. George that the  

State Electricity Board has been set up under a Statute  

and  the  Government  Order  was  not  applicable  to  the

2

respondent's case.

The learned counsel for the respondent has in  

his reply stated that in a matter which came up before  

the High Court a similar order had been made in favour  

of an employee and the said order had been complied  

with by the appellant-Board.  Be that as it may, we  

deem it appropriate that the matter be remanded to the  

High Court to go into the matter afresh.  We request  

the  High  Court  to  take  into  account  the  aforesaid  

Government Order and any other material which are put  

on record by the parties.  We request the High Court to  

take a final decision within six months from today as  

the sole respondent herein is a retire.   

Parties are directed to appear before the High  

court on 7th December, 2009.

The appeal is allowed in the above terms.     

    ..................J      [HARJIT SINGH BEDI]

    ..................J      [J.M. PANCHAL]

NEW DELHI AUGUST 31, 2009.