IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 1141 of 2004(J) --------------------------------- PETITIONER : - ---------------------- M.N. KARTHIAYANI, AGED 56 YEARS, RESIDING AT MARATHUPARAMBIL HOUSE, P.O. VETTUKAD, THRISSUR-680 014. (RETD.P.D. TEACHER, GOVERNMENT L.P. SCHOOL, THRISSUR). BY ADVS. SRI.V.A.MUHAMMED SRI.E.S.ASHRAF RESPONDENTS : - -------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (A & E) KERALA, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. THE ASSISTANT EDUCATINOAL OFFICER (EAST), THRISSUR. BY GOVERNMENT PLEADER SMT NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1141 of 2004(J) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE PROCEEDINGS ORDER NO. B2-23333/75 OF THE DEO, THRISSUR. EXT P2 : COPY OF THE MARK LIST OF THE PETITIONER. EXT P3 : COPY OF THE REVISED PENSION ORDER. EXT P4 : COPY OF THE ORDER OF THE 2nd RESPONDENT. EXT P5 : COPY OF THE REQUEST OF THE PETITIONER. EXT P6 : COPY OF THE ORDER NO. 87295 / PWC-A2 / 03/ Fin. OF THE GOVERNMENT. RESPONDENTS' EXHIBITS: EXT R1 (a) : COPY OF THE G.O (PO NO. 2357 / 99 / Fin. DATED 25.11.1999. TRUE COPY P.A. TO JUDGE DMR/- T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1141/2004-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of November, 2011 J U D G M E N T Aggrieved by the proceedings issued by the Government Ext.P6, rejecting the request of the petitioner for counting the period covered by the initial appointment as an apprentice for pension, this writ petition is filed. 2. The facts of the case show that the petitioner was appointed through the Public Service Commission from 19/03/1976 under the Special Recruitment Programme for Apprentice P.D Teacher and Ext.P1 is the appointment order. It is stated that the same was granted on a scale of pay. The petitioner was continuing as such for the period from 19/03/1976 to 31/03/1976 and from 04/06/1976 to 31/03/1977. Her regular appointment started from 31/03/1977 and her date of retirement is 31/03/2003. 3. Learned counsel for the petitioner submitted that the periods of provisional service which were rendered on a scale of pay are liable to be reckoned W.P.(C). No.1141/2004 -:2:- for pension. It is pointed out that there is no distinction with regard to the methods of recruitment and that the petitioner's service was on a scale of pay and, therefore, all the legal requirements are satisfied for reckoning the said period also for pension. The learned counsel for the petitioner submitted that Ext.P6 is not an elaborate order after considering the request made by the petitioner on its merits. 4. Evidently, the view taken by the Government is that the request cannot be considered in the light of Rule 15 of Part III Kerala Service Rules. Rule 15 of Part III K.S.R reads as follows: “15. Apprentices and Probationers.- Services as an apprentice does not qualify except in the following cases:- (i) Engineer Apprentices in the Public Works Department. (ii) Apprentice Compositors in the Government Press.” W.P.(C). No.1141/2004 -:3:- 5. The apprentice service herein of the petitioner is not covered by the said rule. Therefore, the said service rendered by the persons like the petitioner, even if by way of appointment through P.S.C., cannot be considered for grant of pension in the light of the plain terms under which Rule 15 of Part III K.S.R has been placed. In that view of the matter, the petitioner cannot enforce the claim which is not recognised under Rule 15 of Part III K.S.R. Therefore, I find no reason to interfere with the order. The writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms