IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 13058 of 2007(D) -------------------------- PETITIONER: --------------- MADHUSOODANAN.V., S/O.KARUNAKARAN NAIR, VALLIMADATHIL (H), KARUVASSERY, KOZHIKODE. (ATTENDER GRADE-I, MEDICAL COLLEGE, KOZHIKODE(RTD.). BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT(S): ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDENT, MEDICAL COLLEGE, KOZHIKODE. 3. THE ACCOUNTANT GENERAL (A & E), TRIVANDRUM. BY GOVERNMENT PLEADER SMT.M.T.SHEEBA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.13058/07 PETITIONER'S EXTS: EXT.P1: COPY OF ORDER OF THE 3RD RESPONDENT DT.3.10.01. EXT.P1(A): COPY OF ORDER OF THE 3RD RESPONDENT DT.13.12.01. EXT.P2: COPY OF ORDER OF THE 2ND RESPONDENT DT.24.11.01. EXT.P3: COPY OF ORDER OF THE 3RD RESPONDENT DT.25.2.02. EXT.P4: COPY OF REPRESENTATION BEFORE THE 2ND RESPONDENT DT.19.4.02. EXT.P5: COPY OF JUDGMENT IN OP.8771/02 DT.9.6.06. EXT.P6: COPY OF REPRESENTATION DT.31.7.06 SUBMITTED TO THE 1ST RESPONDENT IN COMPLIANCE OF EXT.P5 JUDGMENT. EXT.P7: COPY OF ORDER OF 1ST RESPONDENT DT.27.7.07. EXT.P8: COPY OF JUDGMENT IN W.A.NO.3208/2000 DT.3.6.03. RESPONDENTS' EXTS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.13058 of 2007 -------------------------------------------------- DATED THIS THE 11th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner, who retired from the Medical College, Kozhikode as Attender Grade-I is aggrieved by Exhibit P7 order passed by the Government, on various grounds. 2. The petitioner attained the age of superannuation on 30.9.2001. Exhibit P1 is the order issued by the 3rd respondent sanctioning a monthly pension of `2,003/- and DCRG of `80,366/-. By Exhibit P1 commuted value of pension was also fixed at `91,543/-. 3. The petitioner was having provisional service in the same category in the same scale of pay in four different spells, i.e.,from 19.4.1969 to 18.7.1969, 12.9.1969 to 11.12.1969, 14.5.1970 to 22.9.1970 and from 20.11.1970 to 30.4.1972, which according to the petitioner are eligible to be reckoned for the purpose of grade, increment and pension. These periods have been reckoned for counting the total length of service eligible for pension. W.P.(C)No.13058/07 -2- 4. Later, the pension and other benefits were revised by Exhibit P3 order based on an audit objection. The objection raised is that the provisional service is not eligible to be reckoned for the purpose of grade and pension. The petitioner filed a representation as per Exhibit P4. Exhibit P5 is the judgment of this Court in O.P.No.8771/2002 wherein a direction was given to the petitioner to submit a comprehensive representation to the Government and the Government was directed to consider the same. Thereafter, a representation was filed as per Exhibit P6 which resulted in Exhibit P7 order. 5. Heard the learned counsel for the petitioner and the learned Government Pleader. 6. The learned counsel for the petitioner submitted that the view taken in Exhibit P7 is not correct in the light of the Government Order, G.O.(P)No.506/95/Fin. dated 22.8.1995 which provides for reckoning the Part Time Contingency Service for calculation of qualifying service for pension. It is therefore submitted that the said period of provisional service can be reckoned for the purpose of pension. Another point that is sought to be raised is regarding the non-payment of interest W.P.(C)No.13058/07 -3- towards the provident fund account. The view taken in Exhibit P7 is that the belated payment of provident fund amount was made due to Treasury ban which existed at that point of time. 7. The operative portion of the Government order relied upon by the petitioner, namely G.O.(P)No.506/95/Fin. dated 22.8.1995, reads as follows: “ In all cases of absorption into regular service from Part-time Contingency Service, Rule 14A, Part III Kerala Service Rules shall be followed for calculation of qualifying service for pension. “Contingency Service” contemplated in this Rule includes Part-time Contingency Service also. This will have effect from 2-9-1957 as provided in this Rule.” Various judgments of this Court in O.P.Nos.12836/92, 16418/92 and 184/94 are referred to in the said order. Evidently, the service rendered by the petitioner will also cover the stipulations in the Government Order. In that view of the matter, he will be entitled for reckoning the prior provisional service before entering the regular service for the purpose of calculating pension and not for any other benefits. W.P.(C)No.13058/07 -4- 8. With regard to the interest payable on the provident fund amount, evidently the ban period cannot be relied upon for denying the accrued interest. 9. Therefore, the Writ Petition is allowed. Exhibit P7 is quashed. It is declared that the provisional service had to be counted for the purpose of pension and the pension payment order will be revised accordingly. The petitioner will also be granted eligible interest on the provident fund amount for its delayed disbursement. Appropriate orders will be passed in the matter and the consequential benefits will be disbursed within a period of three months from the date of receipt of a copy of this judgment. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn