High Court Kerala High Court

M.P.Viswanathan vs Guruvayoor Devaswom on 16 September, 2009

Kerala High Court
M.P.Viswanathan vs Guruvayoor Devaswom on 16 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20343 of 2009(K)


1. M.P.VISWANATHAN,
                      ...  Petitioner
2. P.C.KRISHNANKUTTY,

                        Vs



1. GURUVAYOOR DEVASWOM,REP.BY ITS
                       ...       Respondent

2. ADMINISTRATOR,GURUVAYOOR DEVASWOM,

3. DEPUTY DIRECTOR OF LOCAL FUND AUDIT

                For Petitioner  :SMT.P.V.ASHA

                For Respondent  :SRI.V.KRISHNA MENON

The Hon'ble MR. Justice V.GIRI

 Dated :16/09/2009

 O R D E R
                           V.GIRI, J
                         -------------------
                     W.P.(C).20343/2009
                         --------------------
         Dated this the 16th day of September, 2009

                         JUDGMENT

Petitioners had rendered NMR service in the 1st

respondent, Devaswom, for the period from 10.5.1983 to

23.9.1985 and 20.10.1983 to 23.9.1985 respectively. There

was a dispute as to whether the said service can be counted

as qualifying service for the purpose of pension. It is pointed

out that in a decision taken by the Managing Committee on

31.10.1990, it was decided that the NMR service of the

employees whose appointment as NMR was followed by a

regular appointment, would be reckoned as service

qualifying for pension and gratuity. By Ext.P2, services of

the petitioner were treated as regular with effect from

18.1.1983 for pensionery benefits. Petitioners thereafter,

were promoted as Watchman and they retired from service.

But their NMR service for the aforementioned period had

not been taken into account in fixing their pension and other

retirement benefits and hence the writ petition.

2. A counter affidavit has been filed by the respondents

resisting the contentions raised in the writ petition.

W.P.(C).20343/09
2

3. The issue in question has been elaborately dealt with

in W.P.(C).4408/2008 and connected case, as evidenced by

Ext.P5 judgment. Petitioners are similarly situated to that

of the petitioners in the said judgment.

4. I heard learned Standing Counsel for the Devaswom

Board also. I am of the view that Ext.P5 covers the issue in

favour of the petitioners.

5. Accordingly the writ petition is allowed. It is declared

that the services rendered by the petitioners as NMR

workers from 10.5.1983 to 23.9.1985 and 20.10.1983 to

23.9.1985 shall be treated as qualifying service for pension

and other retirement benefits due to the petitioners. Such

benefits shall be recomputed and consequential revised

orders shall be passed within two months from the date of

receipt of a copy of this judgment.

V.GIRI,
Judge

mrcs