IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 6090 of 2006(Y) ------------------------------------- PETITIONER: ------------------- JAMES.T, S/O.THOMAS, FIELD WORKER (RETIRED FROM NFCPC, CHINNAKKADA UNIT,KOLLAM), RESIDING AT ANCY BHAVANANM, PERUMON P.O, PERINAD, KOLLAM. BY ADVS. MR.M.V.THAMBAN, MR.K.V.ANIL KUMAR, SMT.THARA THAMBAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HEALTH AND FAMILY WELFARE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, KOLLAM. 4. THE BIOLOGIST, NFCP UNIT, CHAVAKKAD, KOLLAM. 5. THE SUB TREASURY OFFICER, PENSION PAYMENT SUB TREASURY, CIVIL STATION, KOLLAM. 6. THE ACCOUNTANT GENERAL (KERALA), THIRUVANANTHAPURAM. R1 TO R3, R5 & R6 BY GOVT. PLEADER MR. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6090/2006-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(P).NO.540/94/FIN. DT. 30/09/1994. EXT.P.2: COPY OF THE EX-GRATIA PENSION SANCTION ORDER DT. 13/10/2005 BY THE R.6. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.6090 of 2006-Y ------------------------------ Dated this the 1st day of July, 2009. J U D G M E N T The petitioner is a pensioner. He entered service as Field Worker on provisional basis in the year 1985. His service was thereafter regularized with effect from 31.12.1997. In this writ petition he claims that the provisional service rendered by him prior to 31.12.1997 should be reckoned for the purpose of grant of increments and pensionary benefits. The issue raised in this writ petition is covered against the petitioner by the decision of the Full Bench of this Court in Ponnamma Vs. State of Kerala (2005(4) KLT 987) wherein it was held that Government Decision No.2 under Rule 33 of Part I KSR will govern only regular appointments made before 1.10.1994. The petitioner who was admittedly regularised in service after 1.10.1994, cannot therefore claimed the benefit of Government Decision No.2 under Rule 33 of Part I KSR. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA TO JUDGE