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