IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 OP.No. 6754 of 1997(D) ---------------------- PETITIONER(S): --------------- K.S.ISMAIL, KADAVUKARAYIL HOUSE, VALIAKANDAM, KATTAPPANA, IDUKKI, RESIDING AT KADAVUKARA HOUSE, MUNDAKKAYAM VILLAGE. BY ADV. SRI.M.HARISHARMA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SPECIAL SECRETARY, TO GOVT., DEPT. OF LABOUR AND REHABILITATION, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF EMPLOYMENT, TRIVANDRUM. 3. THE ACCOUNTANT GENERAL, KERALA, TRIVANDRUM. GOVERNMENT PLEADER SMT.K.R.DEEPA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 6754/97. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.24.5.93 BY R3. P2. COPY OF THE ORDER DTD.13.5.94 OF R2. P3. COPY OF THE ORDER DTD.23.3.95 OF R3. P4. COPY OF THE ORDER DTD.14.7.81 OF R2. P5. COPY OF THE LETTER DTD.16.7.94 OF R2. P6. COPY OF THE REQUEST DTD.8.8.94 OF R2. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 6754 of 1997 ================== Dated this the 9th day of December, 2008 J U D G M E N T The petitioner entered service as a Lower Division Clerk in the Department of Employment and retired from service as Employment Officer on 31.1.1993. According to the petitioner, he had a total service of 31 years. But for calculating pensionary benefits, only 29 years have been reckoned. The petitioner was under suspension for the period from 6.3.1976 to 3.1.1978. The said period has been excluded for the purpose of calculating pension. According to the petitioner, as is evident from Ext.P4, the petitioner was given promotion as Upper Division Clerk with effect from 18.6.1976 and his seniority was also restored accordingly and therefore, it is clear that the period of suspension of the petitioner has been regularised as duty. The petitioner, therefore, seeks the following reliefs: “(i) Issue a writ of Mandamus or other appropriate writ, order or direction directing respondents to disburse the withheld portion of the petitioner's D.C.R.G. in pursuant to Ext.P3 on the ground that the liability so fixed was without notice to him. (ii) Issue a writ of mandamus commanding Respondents to recompute the petitioner's pensionary benefits on the premise that he has 31 years of qualifying service; o.p.6754/97 2 (iii) Declare that the period spent by the petitioner under suspension from 6.3.1976 to 3.1.1978 is deemed to have been regularised particularly in view of Ext.P5 notional promotion order; (iv) Issue a writ of mandamus directing respondents to pay the arrears of pension, pay and gratuity on account of the implementation of the Central Pay Parity Scheme (G.O M.S.600/93) and in view of Ext.P5 with 18% interest from 31.1.1993, the date of retirement till the date of disbursement.” 2. Although a counter affidavit has been filed by the 1st respondent, now the learned Government Pleader places before me for my perusal a Government Order, viz., G.O(Rt). No.834/99/LBR dated 19.3.1999, wherein the Government had regularised the period of suspension of the petitioner from 6.3.1976 to 3.1.1978 as duty for all purposes. That being so, the petitioner is entitled to have his pension calculated reckoning the period of suspension from 6.3.1976 to 3.1.1978 also as duty. The petitioner also submits that a portion of his DCRG has been withheld on the ground of liability, which, according to the petitioner, was without notice to him. Learned Government Pleader submits that that question has been submitted before the Accountant General for appropriate orders along with the question of reckoning of his period of suspension for computation of pension. Accordingly, this original petition is disposed of with a o.p.6754/97 3 direction to the 3rd respondent to pass appropriate orders regarding the pensionary benefits of the petitioner in the light of the above findings, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.6754/97 4 S.SIRI JAGAN, J. ================ O.P.No. 6754 of 1997-D ================ J U D G M E N T 9th December, 2008 o.p.6754/97 5