IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WA.No. 1146 of 2004() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.10624/2003 Dated 13/02/2004 .................... APPELLANT(S): 1ST RESPONDENT ----------------------- THE MANAGING DIRECTOR, K.S.R.T.C., CHIEF OFFICE, TRIVANDRUM. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. RESPONDENT(S): PETITIONER/2ND RESPONDENT ------------------------- 1. K.SADASIVAN, RETD.DRIVER, (K.S.R.T.C., MAVELIKKARA) PUTHENPURACKAL VEEDU, KADAVOOR, KARIPPUZHA P.O., MAVELIKKARA-690 103, ALLEPPEY DISTRICT. 2. THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. ADV. SRI.J.GEORGE SRI.ANANDARAJAN.N FOR R1 SRI.K.K.MANGALANANDAN FOR R1 GOVERNMENT PLEADERSRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- W.A.No.1146 OF 2004 ------------------------------------- Dated 21st October, 2008 JUDGMENT Koshy,J . The first respondent/writ petitioner is an ex-service man. He was working as a Security Guard Grade II in the District Transport Office, KSRTC, Kayamkulam from 12.5.1978 to 8.8.1978. He was advised after due selection by the Public Service Commission to be appointed as a Driver from 29.11.1983. He retired on 30.4.1993. Based on the Division Bench decision of this court in W.A.No.1066 of 2003, the learned Judge in the impugned judgment directed to count the earlier period also and if that is taken, the petitioner has got more than nine years of service and, therefore, he was directed to pay due pension. Appellant, the Kerala State Road Transport Corporation, contends that the earlier period cannot be counted. In W.A.No.1066 of 2003, the court only directed to count the period of service after regular selection. We are of the view that even without the aid of the above decision, the petitioner is entitled to pension. For entitlement of minimum pension, one has to complete 10 years of service. How 10 years of service is to be calculated is mentioned under Rule 57, Chapter V, Part III of the Kerala Service Rules which reads as follows: W.A.1146/2004 2 “57. The amount of pension that may be granted is determined by the length of service as set forth in Rules 64 to 70. Fraction of a year, if any, in the service will be rounded to the nearest completed years, i.e., fractions less than half year, will be ignored and half year and above rounded to the next completed year: Provided that for purposes of minimum service (i.e., 10 years) and maximum service (i.e., 30 years) for pension, fractions of less than a half year, if any, in the qualifying service above 9 years and 29 years respectively will be round to the next completed years, i.e, 10 years or 30 years as the case may be.” He was advised by the Public Service Commission on 29.11.1983 and he retired on 30.4.1993. Even excluding his earlier period of service, he has nine years and five months' service. In view of the proviso to Rule 57, since he has more than nine years service, it is to be treated as 10 years so as to get the minimum pension payable. We see no ground to interfere with the impugned judgment. 2. It is contended by the counsel for the appellant that the petitioner approached the court long after the date of retirement. Pension is a continuing payment and he is entitled to pension. KSRTC, being a public sector undertaking should have paid the pension. Learned Judge also exercised his discretion. In the above circumstances, in intra court appeal we cannot say that the writ W.A.1146/2004 3 petition is belated especially when the matter involved is a continuing injustice to the petitioner. The learned Judge directed to pay the arrears of pension within a period of three months from the date of judgment. Since the appeal was filed with a delay of 60 days and the matter was kept pending, the arrears of pension payable to the petitioner should be paid within three months from today. However, we make it clear that if the entire arrears are not paid within three months from today, the petitioner will be entitled to 9% interest from the date of retirement. The appeal is disposed of accordingly. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks