IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 7555 of 2009(L) ------------------------- PETITIONER(S): ---------------------- R.VASU PILLAI, S/O .RAMAN PILLAI, ATTENDER (RETIRED FROM ANIKKAD HOMOEO DISPENSARY, PATHANAMTHITTA DT.) RESIDING AT: KIZHAKKEKADATHU PUTHAN VEEDU, THRIKKANUMMANGALL, KOTTARAKKARA K(PO) KOLLAM DT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI RESPONDENT(S): ----------------------- 1. HOMEO MEDICAL OFFICER, ANIKKAD HOMEO DISPENSARY, PATHANAMTHITTA DIST. 2. DISTRICT MEDICAL OFFICER, HOMEO, KOLLAM. 3. THE DIRECTOR, HOMEOPATHY DIRECTORATE, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. THE ACCOUNTANT GENERAL (KERALA) THIRUVANANTHAPURAM. 6. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, KOLLAM. GOVERNMENT PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.7555/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER NO.PR2/REV./289/1111/96-97/691 DT 21.11.1996. EXT.P2: TRUE COPY OF the ORDER DT 18.12.1969. EXT.P3: TRUE COPY OF JUDGMENT DATED 6.1.99 IN WA NO.2743/98 F THE HON'BLE HIGH COURT OF KERALA. EXT.P4: TRUE COPY OF GO(RT) NO.2259/99/H&FWD DT 7.8.99. EXT.P5: TRUE COPY OF JUDGMENT DT 29.5.2001 IN OP NO.16221/01 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P6: TRUE COPY OF JUDGMENT DT 11.12.2002 IN WA NO.2895/2001 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P7: TRUE COPY OF THE PETITION FOR RIGHT INFORMATION ACT ON 17.1.2008. EXT.P8: TRUE COPY OF THE LETTER DT 19.2.2009. EXT.P9: TRUE COPY OF THE LETTER DT 30.3.2009. EXT.P10: TRUE COPY OF THE LETTER NO.A6/16701/09/Q DT 22.4.2009. EXT.P11: TRUE COPY OF THE LETTER DT 4.5.2009. EXT.P12: TRUE COPY OF THE RELEVANT PORTION OF THE ORDER NO.E2- 19082/81/DH DT 23.4.1982. EXT.P13: TRUE COPY OF THE CERTIFICATE NO.A2/20249/09/Q DT 29.9.2009. ANTONY DOMINIC, J. ================ W.P.(C) NO. 7555 OF 2009 (L) ===================== Dated this the 19th day of October, 2009 J U D G M E N T Petitioner was working as a Home Guard. After rendering service for a period of 3 years 5 months and 11 days, it is stated that the petitioner was discharged from Home Guard service. Thereafter, he joined as a Part Time Contingent employee under the Homoeo Department by Ext.P12 order. He was later promoted as Watchman w.e.f. 3/6/86 and as Attender w.e.f. 17/5/91. While so, he retired from service on 30/11/91 and on retirement, petitioner was paid part time pension. 2. However, he claimed minimum pension on the ground that his Home Guard service is also liable to be reckoned. When his claims was not accepted by the respondents, he filed this writ petition contending that in similar cases, such benefit has been granted. He also relied on Exts.P3 and P6 judgments rendered by his Court and also related orders that were passed by the respondents themselves conceding similar claims. 3. When the writ petition was admitted, this Court passed interim order dated 27/3/2009 directing the respondents to WPC 7555/09 :2 : consider whether a certificate for reckoning his Home Guard service could be issued. From the statement filed by the 6th respondent dated 29th of June, 2009, it would appear that they were not in a position to consider the claim of the petitioner as records were not traceable. Subsequently, Ext.P10 letter was issued by the respondents themselves, calling upon the petitioner to produce documents if any available with him to substantiate his claim. Petitioner submits that he made available the documents and that accordingly, Ext.P13 certificate dated 29/9/09 has been issued by the 6th respondent certifying that the petitioner has served in Kollam District Home Guard during the period from 16/7/66 to 27/12/69 as Volunteer No.701. It is stated that since Ext.P13 certificate has been issued during the pendency of this writ petition, respondents 2 to 4 should consider his claim for minimum pension in the light of Ext.P13 certificate. 4. Having gone through Exts.P3 and P6 judgments and also Ext.P4 order, prima facie, the impression that I get is that in respect of similar claimants, Home Guard service has been reckoned for granting minimum pension to such persons. The case of the petitioner is that if Home Guard service as certified by WPC 7555/09 :3 : Ext.P13 is also reckoned, he will be eligible for minimum pension. In such circumstances, there is no reason why the respondents 2 to 4 shall not consider the claim of the petitioner in the light of Ext.P13 certificate. 5. Therefore, I dispose of this writ petition with the following directions: That on the production of a copy of this judgment along with an appropriate representation enclosing Ext.P13, the respondents 2 to 4 shall consider the claim of the petitioner for granting minimum pension taking into account the service as certified by Ext.P13 also. It is directed that appropriate orders in this behalf shall be passed as expeditiously as possible, at any rate within 6 months of production of a copy of this judgment along with a representation as above. Petitioner may make an appropriate application as directed above to the 4th respondent, who shall consider the claim as directed above and pass appropriate orders within the time as specified above. ANTONY DOMINIC, JUDGE Rp