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
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.