IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WA.No. 1247 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.17242/2010 Dated 06/05/2010 .................... APPELLANT/PETITIONER: ------------------------- P.A.VASUDEVAN, PERUMOOZHIKAL HOUSE (DHANYA) AYYANTHOLE P.O., THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SMT.M.M.DEEPA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM-695 001. 3. THE JOINT COMMISSIONER OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM-695 001. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1247 of 2010 .................................................................... Dated this the 21st day of July, 2010. JUDGMENT Ramachandran Nair, J. Appellant is the spouse of the deceased employee drawing family pension as of now. Question raised in the Writ Petition pertains to the period to be reckoned as qualifying service for the purpose of granting pension to the deceased wife of the appellant. The employee namely, appellant's wife, joined service as a trainee in 1966, got absorbed in service and retired in 1996 after 29 years of service. The appellant's claim is that service of the deceased should be taken as 29 years and 10 months, which is to be reckoned as 30 years for the purpose of full pension. However, admittedly during the first ten months of work, the appellant's wife was working as a trainee and not as an employee in the department. The only case of the appellant is that others similarly placed were granted full pension treating the training period as qualifying service. Admittedly Rule does not permit treatment of the training period prior to joining service as qualifying service. The claim 2 itself was made after 13 years of retirement of the deceased. We do not find any merit in the claim which cannot be granted merely because some mistake would have happened in the case of other claimants. Consequently Writ Appeal is dismissed. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms