IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WA.No. 260 of 2007 ------------------------ AGAINST THE JUDGEMENT IN OP.32635/2002 DATED 17.7.2006 . ................... APPELLANTS/RESPONDENTS 1 & 2: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.K.MEERA RESPONDENTS/PETITIONER & 3RD RESPONDENT: ------------------------------------------------------------------------ 1. G.VISWAMBHARAN, VILAKUMTHARA HOUSE, PATTAMTHURUTHU, KOLLAM. (RETD. PEON IN PATHANAMTHITTA MUNICIPALITY.) 2. PATHANAMTHITTA MUNICIPALITY, REPRESENTED BY MUNICIPAL SECRETARY, MUNICIPAL OFFICE, PATHANAMTHITTA. R1 BY ADV. SRI.PHILIP M.VARUGHESE R2 BY ADV.SRI.V.K.SUNIL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & C.N.Ramachandran Nair, J. ------------------------------------------ W.A. No.260 of 2007 ------------------------------------------ Dated this the 7th day of April, 2010 JUDGMENT C.N.Ramachandran Nair, J. This writ appeal is filed by the State challenging the judgment of the learned Single Judge dated 17th July, 2006 in O.P.No.32635 of 2002 directing the appellants to consider the grant of pension to the first respondent in the light of the judgment of the Division Bench in W.A.No.1381 of 1996. 2. We have heard learned Senior Government Pleader appearing for the appellants and the learned counsel for the first respondent. 3. It is a finding of the learned Single Judge that the first respondent served in the Municipal Common Service continuously for 21 years, though he was not a regular employee. The claim of the first respondent was that his employment was as good as regular employment which entitles him for pension. It is also reported that W.A. No.260 of 2007. - 2 - pursuant to the Division Bench judgment in W.A.No.1381 of 1996, pension has already been given to some others. We do not find any merit in the challenge against the judgment of the learned Single Judge at the instance of the Government because we only directed Government to follow Division Bench judgment. Consequently, we dismiss the writ appeal. J.Chelameswar, Chief Justice C.N.Ramachandran Nair, Judge vns