IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR TUESDAY, THE 3RD JULY 2007 / 12TH ASHADHA 1929 OP.No. 30278 of 2002(D) ----------------------- PETITIONER: --------------- K.K.RAGHAVAN S/O. KOCHAPPAN, AGED 75 YEARS, KANDATHIPARAMBIL, KUDUNGASSERY, NAYARAMBALAM P.O., ERNAKULAM DISTRICT (RETIRED FULL TIME CONTINGENT EMPLOYEE SWEEPER) NAYARAMBALAM GRAMA PANCHAYATH, ERNAKULAM DIST. BY ADV. SRI.A.X.VARGHESE RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LOCAL SELF ADMINISTRATION, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATH, OFFICE OF THE PANCHAYATH DIRECTORATE, THIRUVANANTHAPURAM 3. THE DISTRICT PANCHAYATH OFFICER, OFFICE OF THE DISTRICT PANCHAYATH KAKKANAD, ERNAKULAM 4. NAYARAMBALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NAYARAMBALAM P.O., ERNAKULAM DISTRICT BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN SRI.C.A.CHACKO THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.30278/2002 APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE GOVERNMENT ORDER G.O.(MS) NO. 76/87/LAD. DT. 24.3.87. EXT.P2:- COPY OF THE GOVERNMENT ORDER NO.12050/H3/96/L4 DT. 16.5.96. EXT.P3:- COPY OF THE ORDER BEARING NO.G.O.(P) 106/LAD DT. 23.3.91. /TRUE COPY/ P.A. TO JUDGE tss K.BALAKRISHNAN NAIR, J. ------------------------- O.P. No.30278 of 2002 D ------------------------- Dated this the 3rd day of July, 2007. JUDGMENT The petitioner was a part-time sweeper under the Nayarambalam Panchayat from 1.5.1973. He was promoted as full time sweeper on 23.12.1980. He retired from service on 31.1.1991 on attaining the age of 65 years. This writ petition is filed by him claiming pensionary benefits. 2. The respondents have filed a counter affidavit in which it stated that since he opted to continue till the age of 65 years, he is not entitled to any pensionary benefits in the light of Ext.P3 Government Order. The petitioner has not filed any reply affidavit. He has also failed to point any rule enabling him to get pensionary benefits. In the result, the writ petition fails and it is dismissed. Sd/- (K.BALAKRISHNAN NAIR) JUDGE sk/ //true copy// K.BALAKRISHNAN NAIR, J. ------------------------------------------------- O.P. No.30278 of 2002 D JUDGMENT 03rd JULY, 2007.