IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14692 of 2009(F) -------------------------------- PETITIONER: -------------- N.R.GEORGE, RETIRED DRAWING TEACHER, NEDUVELLIL HOUSE, MELOOR P.O., TRICHUR - 680 311. BY MR.C.S.ABDUL SAMMAD, ADVOCATE. MR.V.D.BALAKRISHNA KARTHA, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, TRICHUR. 3. ACCOUNTANT GENERAL, TRIVANDRUM. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14692 OF 2009 --------------------------------------- Dated this the 28th day of May, 2009. J U D G M E N T The petitioner is a retired Drawing Teacher who retired from the service of General Education Department. He had one year, 10 months and 13 days of provisional service in the Department, which is evidenced by Exhibits P1, P1(a) and P1(b). His regular appointment was from 07.10.1977 and he retired from service on 31.03.2006. He had more than 30 years of qualifying service for grant of pensionary benefits. 2. It is contended by the learned counsel for the petitioner that going by Decision No.2 to Rule 33, all provisional service of employee will count for increment and pensionary benefits on regularization even though this provision was discontinued with effect from 01.10.1994. As the petitioner was regularly appointed prior to 01.10.1994, the provision is applicable to him. Even though Exhibit P3 representation was filed, no action was W.P.(C) No.14692/09 2 taken. It is pointed out that the second respondent has forwarded the pension papers taking into account the provisional service also. The petitioner is also relying on G.O.(P) No.2357/99/Fin. dated 25.11.1999 in support of his plea. 3. The proceedings, Exhibit P5, of the Accountant General shows that the provisional service has not been counted and the qualifying service is taken as 28 years. The petitioner thereafter addressed the Accountant General by filing Exhibits P6 and P7 representations. The petitioner is also relying upon the judgment of the Division Bench of this Court in Writ Appeal Nos.1224 and 1136 of 2005, which is produced as Exhibit P8. There will be a direction to the 3rd respondent-Accountant General to take a decision on Exhibits P6 and P7 in accordance with the relevant provisions and after taking into consideration the dictum laid down in Exhibit P8 judgment within a period of two months from the date of receipt of a copy of this judgment. The admissible benefits also will be disbursed to the petitioner in accordance with the final order passed by the Accountant General. The petitioner will produce a copy of the writ petition W.P.(C) No.14692/09 3 along with copy of this judgment before the Accountant General for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp