IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 8699 of 2009(F) ------------------------- PETITIONER: --------------- K.KAMALAKSHI, AGED 56 YEARS, W/O.MOHANDAS, RETD.U.D.C.HIGHER GRADE, GURUVAYOOR MUNICIPALITY, RESIDING AT AYYAPPANKAVU ROAD, SEKHARIPURAM, PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVT. DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE DIRECTOR, LOCAL FUND AUDIT, THIRUVANANTHAPURAM. 4. THE SECRETARY, GURUVAYOOR MUNICIPALITY, GURUVAYOOR. 5. THE SECRETARY, CHITTUR THATHAMANGALAM MUNICIPALITY, CHITTUR, PALAKKAD. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 8699 of 2009 -------------------------- Dated this the 18th March,2009 J U D G M E N T Petitioner retired from service on 31.3.2007 as a U.D.Clerk. She is aggrieved by the non-reckoning of her unbroken provisional service rendered in various Municipalities prior to 1.10.1994 for the purpose of pension and other terminal benefits. According to the petitioner, the said right is well covered by the Government Decision No.2 appended to Rule 33 of Part I K.S.R then existed besides the decision of this Court in Sobhana Vs. State of Kerala [ 2004 (3) KLT 131]. 2. She was appointed through the employment exchange on 15.7.1980 in Chittur Municipality. From 18.4.1981 she started working continuously without break as LDC/BC in the same Municipality. Thereafter, she was regularised in service with effect from 15.6.1985 in the post of Bill Collector. Petitioner has given detailed particulars relating to her in the writ petition and in W.P ( C) No. 8699 of 2009 2 Exhibit-P6 representation. 3. By Exhibit-P4, the Deputy Director of Local Fund Audit returned the service book and pension papers to rectify the defects therein. Thereafter, the Secretary of the Guruvayoor Municipality forwarded Exhibit-P5 in reply to the same. Petitioner thereafter filed Exhibit-P6 representation in the matter. The apparent request therein is that the period from 18.4.1981 to 14.6.1985 may be counted for the purpose of increments, higher grade, leave surrender and pension etc. 4. There will be a direction to the Director of Urban Affairs, Trivandrum to take a decision on Exhibit-P6 within a period of three months from the date of receipt of a copy of this judgment and communicate the decision therein to the petitioner. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 8699 of 2009 3 W.P ( C) No. 8699 of 2009 4