IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 9406 of 2011(A) ------------------------------------- PETITIONER: ------------------- M.GEORGE, KARIYIL VEEDU, THOZHUKKAL, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADVS. SRI.SUMAN CHAKRAVARTHY, SRI.A.S.ANILKUMAR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF ADMINISTRATION DEPARTMENT, GOVT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF PANCHAYATHS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 3. NEYYATTINKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, NEYYATTINKARA, THIRUVANANTHAPURAM – 695 134. R1 & R2 BY GOVT. PLEADER SRI. L.G. SURESH BABU, R3 BY ADVS. SRI.PIRAPPANCODE V.SREEDHARAN NAIR, SRI.PIRAPPANCODE V.S.SUDHIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9406/2011-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 21/01/88. EXT.P.2: COPY OF THE REPRESENTATION DTD. 14/09/09. EXT.P.3: COPY OF THE CORRESPONDENCE DTD. 02/11/10. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.9406 OF 2011 -------------------------------------------- Dated this the 19th day of July, 2011 JUDGMENT The petitioner who describes himself as a Part time employee under the third respondent filed this writ petition mainly with the prayer to issue a writ of mandamus commanding the respondents to reckon his service as Part time contingent employee and to declare that he is entitled to continue in service till attainment of 70 years of age. 2. A statement has been filed on behalf of the third respondent in this writ petition. In paragraph 3 thereunder it is stated thus:- “In this context, it may be noted that when by G.O.(MS) No.127/2000/LSGD dated 4.5.2000, all Part Time posts in the Municipalities have been upgraded to Full time posts, the retirement age of the petitioner is 60 years.” 3 The learned counsel for the petitioner submitted that in view of the above extracted statement of the third respondent, the third respondent may be directed to grant all consequential benefits flowing from G.O.(MS)No.127/2000/LSGD dated 4.5.2000 to the petitioner. Considering the fact that the third respondent acknowledged the status of the petitioner as a Full time Ferry Man, in terms of G.O.(MS) W.P.(C) NO.9406/2011 2 No.127/2000/LSGD dated 4.5.2000, there is no reason to deny the benefits flowing from the said G.O to the petitioner. In view of the categorical statement that the petitioner is entitled to the benefits of the said G.O dated 4.5.2000, the third respondent shall grant all benefits flowing from the said G.O to the petitioner. This Writ Petition is disposed of, accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.9406/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.9406/2011 4