IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 9226 of 2010(C) ------------------------------------- PETITIONER: ------------------- P.RAVEENDRAN, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, AUDIT(RETIRED),SURABHI, KAITHERY, PO AYITHARA MAMBRAM, KANNUR-670 643. BY ADVS. SRI.G.D.PANICKER, SMT.JEENA JOSEPH. RESPONDENTS: ------------------------ 1. REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM-1. 2. ACCOUNT GENERAL (A & E),TRIVANDRUM-1. R1 BY GOVT. PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9226/2010-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS NO. 203-85 DTD. 16/01/1986 OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY (AUDIT), KUTHUPARAMBU. EXT.P.2: COPY OF THE ORDER NO. 649/86.B ISSUED ON 30/05/1986 GRANTING THE 2ND INCREMENT IN THE SCALE OF PAY OF RS.450-785. EXT.P.3: COPY OF THE PAGE 5, PAGE 7, PAGE 8, PAGE 9, PAGE 10, AND PAGE 11 OF THE PENSION BOOK OF THE PETITIONER. EXT.P.4: COPY OF THE REPRESENTATION DTD. 15/10/2009. EXT.P.5: COPY OF THE ORDER NO. A4/50969/09 DTD. 21/12/2009. EXT.P.6: COPY OF THE VERIFICATION REPORT 26/03/2009 OF THE R.2. EXT.P.7: COPY OF THE ORDER G.O.(P).2357/99/FIN. DTD. 25/11/1999. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.9226 Of 2010 ----------------------------------------------------- DATED THIS THE 14th DAY OF OCTOBER, 2010 J U D G M E N T The petitioner retired from the service on 30.11.2008 as Assistant Registrar (Audit) under the 1st respondent. The petitioner has rendered service through the Employment Exchange before entering the regular service of PSC, namely, as Junior Inspector of Co-operative Society from 21.4.1981 to 31.5.1981 and Junior Auditor from 23.9.1981 to 19.3.1984. It is the case of the petitioner that in continuation of the above service, the petitioner was selected through the PSC as Junior Auditor in the same pay scale, namely, 450-15-525-16-605-18- 785. Exhibit P1 is the proceedings of the Assistant Registrar of Co-operative Societies(Audit), Koothuparamba, wherein the provisional services rendered from 21.4.1981 to 31.5.1981 and 23.9.1981 to 19.3.1984 have been counted for sanctioning annual increment. This is followed by Exhibit P2 order, wherein also the same method was adopted. 2. The present complaint raised by the petitioner is with regard to the non-reckoning of the period of provisional service W.P.(C)No.9226/10 -2- as qualifying service for the purpose of pension. The proceedings of the Accountant General has been produced as Exhibit P6 wherein net qualifying service has been noted as 25 years. 3. In fact, the petitioner has filed a representation as Exhibit P4 before the Registrar of Co-operative Societies, which was answered by Exhibit P5 stating that in the light of the G.O. (P)No.2357/Fin. dt.25.11.1999, the period of provisional service is not reckonable for the purpose of pension. True copy of the same is produced as Exhibit P7. Therein, after considering various aspects, the Government has ordered thus in paragraph No.2: “2. Government have examined the case in detail and are pleased to clarify that the provisional service with or without break rendered by the employees upto 30-9-1994 which qualifies for earning increments in terms of Government Decision No.2 under Rule 33 Part III, Kerala Service Rules will be reckoned as Qualifying Service for pension irrespective of dates of retirement after 20- 11-1989. The provisional service rendered on or after 1-10-1994 will not be reckoned as qualifying service for pension. The case of W.P.(C)No.9226/10 -3- retirement from service during the period from 1.10.1994 to 15.12.1998 and pensionary claims already sanctioned will not be re- opened.” 4. The learned Government Pleader submitted that the Accountant General has called for the particulars from the Registrar of Co-operative Societies. Therefore, there will be a direction to the respondents herein to examine the request made by the petitioner in Exhibit P4 afresh in the light of Exhibit P7 G.O. and appropriate decision will be taken and communicated to the petitioner within a period of three months from the date of receipt of a copy of this judgment. The Writ Petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE. dsn