IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN TUESDAY, THE 20TH DAY OF DECEMBER 2011/29TH AGRAHAYANA 1933 WPC.No. 34042 of 2011 (E) ----------------------------------- PETITIONERS: --------------------- 1. SASI K.R., UPPER DIVISION CLERK, KARTHIKAPPALLY GRAMA PANCHAYATH, KARTHIKAPPALLY (P.O.), ALAPPUZHA. 2. PARAMESWARAN N.V., L.D.CLERK, KUTHIATHODE GRAMA PANCHAYATH, THURAVOOR (P.O.), ALAPPUZHA DISTRICT. 3. SARAVANAN T.K., L.D.CLERK, KAVALAM GRAMA PANCHAYATH, KAVALAM (P.O.), ALAPPUZHA. 4. E.R.JAYANANDAN, L.D.CLERK, MUTHUKULAM GRAMA PANCHAYATH, MUTHUKULAM (P.O.) ALAPPUZHA DISTRICT. 5 SHAILA M.J., L.D.CLERK, CHAKKUPPALLAM GRAMA PANCHAYATH, ANAKKARA (P.O.), IDUKKI DISTRICT. BY ADVS.SRI.ELVIN PETER P.J. SRI.T.G.SUNIL SRI.K.R.GANESH RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES & COMMERCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001. 3. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM - 695 001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: nk WPC.No. 34042 of 2011 (E) = = = = = = = = = = = = = = = APPENDIX ========== PETITIONERS' EXHIBITS ==================== P1 COPY OF THE ORDER DATED 14.12.95 APPOINTING THE 1ST PETITIONER AS FIELD ASSISTANT ON REGULAR BASIS IN THE SERIFED. P2 COPY OF THE ORDER DATED 14.12.95 APPOINTING THE 2ND PETITIONER AS FIELD ASSISTANT ON REGULAR BASIS IN THE SERIFED. P3 COPY OF THE JOINING REPORT DATED 14.12.95 OF THE THE 4TH PETITIONER AS FIELD ASSISTANT ON REGULAR BASIS IN THE SERIFED. P4 COPY OF THE ORDER DATED 20.02.2006 ISSUED BY THE MANAGING DIRECTOR OF SERIFED DECLARING THE PROBATION OF THE PETITIONERS IN THE CATEGORY OF FIELD ASSISTANT. P5 COPYOF G.O.DATED 15.03.2010 ISSUED BY THE GOVERNMENT. P6 COPY OF THE G.O.DATED 09.07.2010 ISSUED BY THE GOVERNMENT. P7 COPY OF THE G.O.DATED 26.07.2010 ISSUED BY THE GOVERNMENT. P8 COPY OF THE ORDER DATED 28.07.2010 ISSUED BY THE DIRECTOR OF PANCHAYATS. P9 COPY OF THE G.O.DATED 28.12.2010 ISSUED BY THE GOVERNMENT. P10 COPY OF THE ORDER DATED 11.08.2010 ISSUED BY THE MANAGING DIRECTOR OF SERIFIED RELIEVING THE 1ST PETITIONER FROM SERIFED. P11 COPY OF THE ORDER DATED 11.08.2010 ISSUED BY THE MANAGING DIRECTOR OF SERIFIED RELIEVING THE 2ND PETITIONER FROM SERIFED. P12 COPY OF THE ORDER DATED 31.07.2010 ISSUED BY THE MANAGING DIRECTOR OF SERIFIED RELIEVING THE 3RD PETITIONER FROM SERIFED. P13 COPY OF THE ORDER DATED 11.08.2010 ISSUED BY THEMANAGING DIRECTOR OF SERIFIED RELIEVING THE 4TH PETITIONER FROM SERIFED. P14 COPY OF THE ORDER DATED 31.07.2010 ISSUED BY THEMANAGING DIRECTOR OF SERIFIED RELIEVING THE 5TH PETITIONER FROM SERIFED. P15 COPY OF G.O.DATED 02.02.2001 ISSUED BY THE GOVERNMENT. P16 COPY OF THE JUDGMENT DATED 13.08.2002 IN O.P.NO.10540/98 OF THIS HON'BLE COURT. P17 COPY OF THE JUDGMENT DATED 13.10.2007 IN W.P.(C) NO.6536/07 OF THIS HON'BLE COURT. P18 COPY OF THE REPRESENTATION DATED 21.11.2011 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL ====================== // TRUE COPY// P.A. TO JUDGE nk K.SURENDRA MOHAN, J = = = = = = = = = = = = WP(C).No.34042 of 2011. = = = = = = = = = = = = Dated this the 20th December, 2011. J U D G M E N T The petitioners are Upper Division Clerks working in various Grama Panchayats. They were all initially appointed as Field Assistants in the Kerala Khadi and Village Industries Board on contract basis. After the constitution of the SERIFED the petitioners were appointed as Field Assistants on a regular basis. Thereafter, their probation was declared as per Ext.P4 order. 2. While so, the Government decided to liquidate the SERIFED and its employees were transferred to the Local Self Government Department, the Rural Development Department and to the Kerala Khadi and Village Industries Board. Ext.P5 Government Order dated 15.3.2010 is the proceedings by which such change was effected. Accordingly, the petitioners were posted as Lower Division WP(C).No.34042/2011. 2 Clerks and subsequently promoted as Upper Division Clerks. 3. According to the petitioners, they are entitled to the benefit the service that they have put in as employees of the SERIFED. Such service is liable to be counted as qualifying service for pensionary benefits, they contend. They have raised the above contentions in a representation, Ext.P18 submitted by them to the first respondent. 4. According to the counsel for the petitioners, Ext.P15 Government Order directs such service to be counted for the purpose of pension as claimed by the petitioners. The petitioners also rely on Exts.P16 and P17 judgments of this Court in support of their claim. They also pray for the issue of a direction to the first respondent to consider their representation in the light of Exts.P15, P16 and P17. 5. I have heard the learned Govt. Pleader also. 6. In view of the limited relief that is claimed, I am of WP(C).No.34042/2011. 3 opinion that this writ petition can be disposed of directing Ext.P18 to be considered. 7. This writ petition is accordingly disposed of directing the first respondent to consider the claims of the petitioners, set out in their representation, evidenced herein by Ext.P18, in accordance with law and to pass appropriate orders thereon in the light of Ext.P15 Government Order as well as Exts.P16 and P17 judgments of this Court, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/- The words “Upper Division Clerks” occurring in the 1st sentence of the judgment dated 20.12.2011 in WP(C).No.34042/2011 are corrected and substituted as “Lower Division Clerks” as per order dated 7.3.2012 in IA.No.3058/2012. Sd/- Registrar (Judicial)