IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10669 of 2008(T) -------------------------- PETITIONER: ------------ REGHUTHAMAN R., S/O. P.RAGHAVAN, ASSISTANT ENGINEER (RTD.) PUBLIC WORKS DEPARTMENT, RESIDING AT REGHUVILASOM, MAYYANAD P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL SECRETARY TO GOVERNMENT, PUBLIC WORKS (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PWD ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A & E)(AUDIT), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).10669/2008 -------------------- Dated this the 31st day of March, 2008 JUDGMENT Petitioner joined Government service as Assistant Engineer in Public Works Department on 5.2.1987. He was sanctioned leave without allowance for taking up employment abroad from 13.3.1987 which continued till 2.5.1991. He re-joined duty on 2.5.1991. Petitioner was working in the Kerala House, New Delhi from 8.10.1998 to 31.5.2000. His normal date of superannuation is 31.5.2000. Apparently, Government granted extension for the following period G.O.(Rt).554/2000/PWD dated 1.6.2000 – 3 months from 1.6.2000 G.O.(Rt).No.892/2000/PWD dated 26.9.2000 – 6 months from 1.9.2000 to 28.2.2001 G.O.(Rt).361/2001/PWD dated 26.3.2001 – 6 months from 1.3.2001 to 31.8.2001 W.P.(C).10669/2008 2 2. In computing the retirement benefits due to the petitioner, Accountant General counted his qualifying service as only 9 years, 2 months and 7 days. Petitioner wanted the period during which he was granted leave without allowance for taking up employment abroad and the extension granted subsequent to 31.5.2000 also to be taken into account. His claim under Ext.P5 was directed to be considered by the Government in Writ Petition No.29302/2003 which has been considered and rejected under Ext.P10. This is under challenge in this writ petition. 3. I heard learned counsel for the petitioner Sri.Rajendran and the learned Government Pleader, Mr.Bejoy Chandran. 4. The finding in Ext.P10 that the period of service rendered after the date of retirement shall be eligible only for the purpose of pay and allowance for the periods spent on duty, is correct. It shall not be taken into W.P.(C).10669/2008 3 account for the purpose of time bound higher grade, pensionery benefits etc. To that extent, learned counsel for the petitioner also accepts the correctness of the stand taken by the respondent. 5. Sri.Rajendran submits that it is open to the Government under Rule 11 of Part-III of K.S.R to declare that any specified kind of service rendered, as qualifying for pension and under Rule 11(2), the Government may, in individual cases, allow service rendered by an employee to count for pension. He, therefore, prays for liberty to move the Government for treating the period beyond 31.5.2000 as qualifying for pension. 6. In the result, writ petition is disposed of upholding Ext.P10 but without prejudice to the right of the petitioner to move the Government declaring the service beyond the period of 31.5.2000, as qualifying for pension. But I make it clear that I have not expressed any opinion on the merits of the contentions raised by W.P.(C).10669/2008 4 the petitioner in this regard. I have only indicated that the judgment will not stand in the way of any such claim being prosecuted, if otherwise sustainable and if otherwise available. V.GIRI, Judge mrcs