High Court Kerala High Court

State Of Kerala vs M.R.Gopalakrishna Pillai on 5 December, 2008

Kerala High Court
State Of Kerala vs M.R.Gopalakrishna Pillai on 5 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 2645 of 2007()



1. STATE OF KERALA
                      ...  Petitioner

                        Vs

1. M.R.GOPALAKRISHNA PILLAI
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.N.UNNIKRISHNAN

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :05/12/2008

 O R D E R
                 J.B.KOSHY & THOMAS P. JOSEPH, JJ.
                         --------------------------------------
                           W.A.No.2645 of 2007
                         -------------------------------------
                         Dated 5th December, 2008

                                  JUDGMENT

Koshy,J.

The writ petitioner is an ex-serviceman. He joined the State

Water Transport Department as a provisional hand in the post of Fitter,

Grade II on 26.9.1976. He was selected for provisional appointment

based on the sponsoring made by the Employment Exchange.

Candidates sponsored by the Employment Exchange were considered

and it was found that petitioner was fully qualified and fit to be appointed

in the post of Fitter, Grade-II in the Water Transport Department and he

was appointed with effect from 269.1976. He attained the age of

superannuation on 31.10.1996. He continued in service till 31.10.1996.

He had more than 20 years of service. His claim for regularisation was

not accepted. His case is that taking into account his service he may be

granted at least provisional ex-gratia pension. Learned Judge found that

ex-gratia pension was meant for regular employees who could not draw

pension because of the dearth of qualifying service. But, similarly placed

provisional employees in the department were granted benefit of ex-

gratia pension by Ext.P7 judgment of a learned single Judge of this court

in O.P.No.19571 of 2002 and no appeal was filed against the same. It is

also noticed that those petitioners had 15 years of service. Here, the

W.A.2645/2007 2

petitioner had completed more than 20 years of service. He was an

ex-serviceman. He was fully qualified. He has undergone a process

of selection from the list of candidates sent by the Employment

Exchange. He worked in the permanent post though not regularised.

If he were purely a provisional employee, as per Rule 9(a)(1) of the

Kerala State and Subordinate Services Rules, his services could have

been terminated before completing six months of service. That was

not done. Water Transport Department has used his service as a

regular Fitter though his services were not formally regularised. It is

true that merely because no appeal is filed from the judgment in

O.P.No.19571 of 2002, that will not estop the Government from

contesting an appropriate case. Since the petitioner had worked as

Fitter in the Water Transport Department for more than two decades

and he joined the same after a process of selection, we are of the

opinion that ex-gratia pension cannot be denied to him. On the facts

of this case, we are of the opinion that no interference is required in

the impugned judgment.

The appeal is dismissed.

J.B.KOSHY
JUDGE

THOMAS P. JOSEPH
JUDGE

tks