IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 3048 of 2009(K) ------------------------- PETITIONER(S): --------------- MONY.C., W/O.KRISHNANKUTTY, HIMABINDU, MANAKKARA, SASTHAMKOTTA, KOLLAM (RETIRED EMPLOYEE OF INSURANCE MEDICAL SERVICE). BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT LABOUR REHABILITATION (P) DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF INSURANCE MEDICAL SERVICE, THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR, INSURANCE MEDICAL SERVICE, SOUTH ZONE, KOLLAM-2. GOVERNMENT PLEADER, ADV.SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3048/2009-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2009 J U D G M E N T The petitioner was appointed as a part time Sweeper at E.S.I Hospital, Sooranad, as per Ext.P1 order. The petitioner was aged 47 years as on that date, her date of birth being 17/10/1953. Later, she was promoted as Hospital Assistant Grade-II as per Ext.P2 order dated 19/10/2001. The petitioner retired from service on 31/10/2008. On that day, she had not completed 10 years of service and going by Rule 57 of Part III KSR a minimum 10 years period is required for getting pensionery benefits. The petitioner contends that as per the Part Time Contingency Employees Special Rules, especially Rule 15, she will be able to work upto the age of 70 years if she had continued in the post of part time Sweeper and because of the promotion she has lost the said benefit. It is pointed out that there were instructions issued by the Department to inform the employees concerned at the time of promotion and obtain a written consent that the concerned employee is prepared to forego the pensionery benefits on such promotion. It is pointed out that in such circumstances, similarly placed employees who had experienced the same fate approached the Government to allow them to continue to the age of 70 years after reverting them. The W.P.(C) No.3048/2009 -:2:- petitioner has mentioned about M.P.Mathai, Sarasamma and G.Raveendran, similarly placed employees. In the light of the said fact, she filed Ext.P3 representation seeking for appropriate orders in this matter. 2. It is pointed out that Sri.M.P.Mathai had filed W.P.(C). No.24439/1998 which was disposed of by Ext.P4 judgment whereby his representation was directed to be considered and, ultimately, Ext.P5 order was passed by which he was ordered to be reinstated in service as part time Sweeper and was allowed to continue in service upto 70 years of age as per Rule 15 of Part Time Contingent Employees Special Rules. In the case of Sri.G.Raveendran also, a similar order has been passed as per Ext.P8 order pursuant to the directions issued by this Court in W.P.(C).No.7807/2008. Ext.P9 is another consequential order passed in his favour. 3. The issue therefore, has to be considered in the light of the orders passed by the Government as produced by the petitioner in this writ petition. Therefore, there will be a direction to the first respondent to consider and pass orders on Ext.P3 on its merits within a period of two months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. Sd/- T.R. RAMACHANDRAN NAIR, JUDGE ms \\TRUE COPY// P.A TO JUDGE