IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WA.No. 1826 of 2010() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.22196/2010 Dated 16/07/2010 .................... APPELLANT(S): WRIT PETITIONER -------------------------------------------------- G.JOSHUA, S/O.LATE GEEVARGHESE, RETD.ASST.ENGINEER, MANNOOPARAMBIL HOUSE, KARUVATTA PO, ALAPPUZHA DISTRICT. BY ADVS. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI SMT.P.A.RINUSA RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY,PUBLIC WORKS DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE CHIEF ENGINEER, PROJECTS-II,MUSEUM PO,THIRUVANANTHAPURAM-695 001,. 3. THE ACCOUNTANT GENERAL OF KERALA, INDIAN AUDIT ACCOUNTS DEPARTMENT, OFFICE OF THE ACCOUNTANT GENERAL(A&E), M.G.ROAD, P.B.NO.5607,THIRUVANANTHAPURAM-695 039. BY GOVT. PLEADER SRI.K.C.SANTHOSHKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.Ramachandran Nair & Bhabani Prasad Ray, JJ. ==================================== W.A.No.1826 of 2010 ==================================== Dated this the 17th day of February, 2011. JUDGMENT Ramachandran Nair, J. The question raised is whether petitioner is entitled to round up 29 years of service as 30 years for the purpose of pension by applying Rule 57 of the Kerala Service Rules. Appellant's case is that Rule 57 is the general rule of pension and that applies to all pensioners. However, the learned single Judge found that the petitioner is governed by the special provisions applicable to those retiring from service under the VRS scheme contained in Sub Rule (vii) of Rule 56 which specifically provides that in the case of fraction of service, the same is rounded up to one year only if the person has served half year and above. In this case, the petitioner has served only the fraction of service of two months and two days. Consequently, the learned single Judge rightly declined the relief sought for. There is WA1826/10 -:2:- no merit in this writ appeal and the same is accordingly dismissed. C.N.Ramachandran Nair, Judge. Bhabani Prasad Ray, Judge. sl.