IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25068 of 2007(H)
1. V.M. VIJAYANANDAN, AGED 57 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF TECHNICAL EDUCATION,
3. THE PRINCIPAL,
4. ALAPPUZHA MUNICIPAL COUNCIL,
For Petitioner :SRI.B.S.SIVAJI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :11/06/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No.25068 of 2007-H
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Dated this the 11th day of June, 2009.
J U D G M E N T
The petitioner is a pensioner. He retired from service on
31.10.2004, while he was serving as Librarian Grade IV in the
Government Women’s Polytechnic, Thrissur. The petitioner entered
service as Library Assistant on 18.12.1980 in the Municipality Library,
Alappuzha. He continued there till 11.12.1986. That appointment was
made through the Employment Exchange. While the petitioner was
serving as Library Assistant in the Municipality Library, Alappuzha he was
selected by the Kerala Public Service Commission and advised for
appointment as Librarian in the year 1986. The petitioner was thereafter
appointed and he joined duty as Librarian on 16.12.1986. After
retirement from service, pensionary benefits were sanctioned and
disbursed to the petitioner taking into account the service rendered by
him with effect from 16.12.1986. The earlier provisional service was not
reckoned for the purpose of grant of pension. The petitioner thereupon
moved the Government claiming that the provisional service rendered
prior to 16.12.1986 should be reckoned for the purpose of grant of
increments and pensionary benefits. That request was rejected by the
Government by Ext.P2 letter dated 12.4.2007 on the ground that the
W.P(C) No.25068 of 2007-H 2
service rendered by the petitioner in the Municipality cannot be reckoned
for service benefits.
2. After this writ petition was filed, Rule 20 of Part III KSR was
amended by incorporating a proviso and note thereunder. The proviso
reads as follows:
“Provided that the past service put in by Government
employees and Aided School/Aided College Teachers in
Panchayath/Municipal Common Service and Universities prior
to their entry in State Government Service or Aided
School/College ServiceDeath-cum-Retirementqualifying service
shall be reckoned as
for Pension and Gratuity from
Government.
Note:- (omitted as unnecessary )
3. The amendment takes effect from 2.2.2001, prior to the date
on which the petitioner retired from service. On the terms of the proviso
to Rule 20 of Part III KSR, the service put in by the petitioner as Librarian
in the Municipality Library, Alappuzha is liable to be reckoned for the
purpose of grant of pensionary benefits. This aspect has not been
examined by the Government evidently for the reason that at the time
when Ext.P2 letter was issued the amendment had not taken effect and
the field was occupied by the Government order dated 2.2.2001. In view
of Rule 20 of Part III KSR as amended, the stand taken in Ext.P2 cannot be
sustained.
W.P(C) No.25068 of 2007-H 3
In the result I allow this writ petition, quash Ext.P2 and direct the
competent authority among the respondents to revise the pensionary
benefits payable to the petitioner applying the proviso and the note to
Rule 20 of Part III KSR. Orders in that regard shall be passed within three
months from the date on which the petitioner produces a certified copy
of this judgment before the Secretary to Government, Higher Education
Department. Payment of arrears shall be made within one month
thereafter.
The writ petition is allowed as above. No costs.
Sd/-
P.N.RAVINDRAN
JUDGE
//True Copy//
PA to Judge
ab
W.P(C) No.25068 of 2007-H 4