IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 19817 of 2005(H) -------------------------------------- PETITIONER(S): ---------------------- 1. V. PARAMESWARAN NAIR, SIVANANDA NILAYAM, KONCHIRAVILA, IRANIMUTTAM VILLAGE, MANACAUD P.O. 2. G. BHASKARAN, VARUVILA PUTHEN VEEDU, KOVALAM BEACH ROAD, VIZHINJAM P.O. 3. K. KRISHNAN NAIR, AMBIKAVILASAM, PUTHEN VEEDU, AVADUTHURA DESOM, VIZHINJAM P.O., THIRUVANANTHAPURAM. 4. M. VAMADEVAN, SANTHI NIVAS, CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM. 5. V. SREEKANTAN NAIR, KUSASTHALI, CHOOZHATTUKOTTA, MALAYAM, MALAYAM P.O., VILAVOORKAL PANCHAYAT. BY ADV. MR.PIRAPPANCODE V.SREEDHARAN NAIR MR.PIRAPPANCODE V.S.SUDHIR MR.SAJU JOHN MR.V.VARGHESE MR.R.V.SREEJITH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, DEPARTMENT OF TOURISM, PARK VIEW, THIRUVANANTHAPURAM. 3. KERALA TOURISM DEVELOPMENT CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR YATHRI NIVAS, THYCAUD, THIRUVANANTHAPURAM. 4. ACCOUNTANT GENERAL (A & E) KERALA, THIRUVANANTHAPURAM. R3 BY ADV. MR.B.GOPAKUMAR, SC, K.T.D.C. R1, R2 & R4 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 19817/2005-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE DATED 16/05/2005 ISSUED BY THE PERSONNEL OFFICER OF THE KTDC TO THE 1ST PETITIONER. EXT.P2: COPY OF THE CERTIFICATE DATED 29/04/2005 ISSUED BY THE PERSONNEL OFFICER OF THE KTDC TO THE 3RD PETITIONER. EXT.P3: COPY OF THE ORDER NO.KTDC/P&A(3)/203/91 DTED 25/09/1991 OF THE MANAGING DIRECTOR OF KTDC ISSUED TO THE 4TH PETITIONER. EXT.P4: COPY OF THE LETTER NO.A1-6233/03 DATED 28/05/2003 OF THE DIRECTOR, DEPARTMENT OF TOURISM TO THE ACCOUNTANT GENRAL (A&E) KERALA. EXT.P5: COPY OF THE REPRESENTATION DATED 30/04/2005 SUBMITTED BY THE 1ST PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER OF KERALA. EXT.P6: COPY OF THE REPRESENTATION DATED 30/04/2005 SUBMITTED BY THE 2ND PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER OF KERALA. EXT.P7: COPY OF THE REPRESENTATION DATED 30/04/2005 SUBMITTED BY THE 3RD PETITIONER B FORE THE HONOURABLE CHIEF MINISTER OF KERALA. EXT.P8: COPY OF THE REPRESNTATION DATED 30/04/2005 SUBMITTED BY THE 4TH PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER OF KERALA. EXT.P9: COPY OF THE REPRESENTATION DATED 30/04/2005 SUBMITTED BY THE 5TH PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER OF KERALA. EXT.P10: COPY OF THE G.O.(P).NO.1851/99/FIN DATED 18/09/1999. EXT.P11: COPY OF THE LETTER NO.19319/2000 DATED 10/02/2000 OF THE 2ND RESPONDENT. EXT.P12: COPY OF THE LETTER NO.PR4/REV/1032/Z/00-01/175 DATED 20/06/2000 OF THE 4TH RESPONDENT. EXT.P13: COPY OF THE APPEAL PETITION DATED 14/08/2000 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT. EXT.P14: COPY OF THE LETTER NO.GRA/REV/1033/B/2000-01/1508 DATED 30/06/2000 OF THE 4TH RESPONDENT. EXT.P15: COPY OF THE APPEL PETITION DATED 25/02/2004 SUBMITTED BY THE 5TH PETITIONER TO THE 1ST RESPONDENT. EXT.P16: COPY OF THE LETTER NO.A1/6233/03 DATED 16/01/2004 OF THE 2ND RESPONDENT. EXT.P17: COPY OF THE ORDER NO.P4/REV/64/B/03-04/1328 DATED 13/01/2004 OF THE 4TH RESPONDENT. EXT.P18: COPY OF THE PETITION DATED 19/01/2004 SUBMITTD BY THE 5TH PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 19817 of 2005 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of May, 2009 JUDGMENT Petitioners 1 and 3 to 5 are former employees of the Kerala Tourism Development Corporation, hereinafter referred to as the 'KTDC' for short. The 2nd petitioner is a former employee of the India Tourism Development Corporation, hereinafter referred to as the 'ITDC' for short. The first petitioner entered service in the Department of Tourism on 11-7-1962. He was absorbed in the service of the KTDC with effect from 7-3-1970. He attained the age of superannuation on 31-7-1984. The 2nd petitioner entered service in the Department of Tourism on 1-9-1962. He was absorbed in the KTDC with effect from 7-3-1970. The establishment wherein he was working was taken over by the ITDC with effect from 24-10-1970 and thereupon he was transferred to the ITDC. He retired from service on 24-9-1985. The third petitioner entered service in the Tourism Department on 3-12-1963. He was absorbed in the service of the KTDC with effect from 7-3-1970. He retired from service on 31-12-1988. The fourth petitioner entered service in the Department of Tourism on 26-3-1962. He was absorbed in the KTDC with effect from 7-3-1970. He retired from service on 31-8-1991. The fifth petitioner entered service in the Department of Tourism on 1-9-1962. He was absorbed in the KTDC on 7-3-1970. He retired from service on 31-1-1993. W.P.(C) No. 19817/05 2 2. The age of superannuation of employees of the KTDC is 58 years. As per their service conditions, employees of the KTDC are not eligible for pension, though they are paid gratuity at the time of their retirement. The petitioners claimed pension relying on the past service rendered by them in the Department of Tourism. Some among them moved the Government and the said requests were rejected by the orders impugned in this writ petition stating that the Government orders governing payment of pension, taking note of the past service rendered in Government departments, to those who retired from service in autonomous bodies, do not govern the petitioners. 3. It is not in dispute before me that the service rendered by the petitioners in the KTDC is not pensionable. Therefore, the KTDC cannot be held liable to pay pension. Various orders have been issued by the Government from time to time to the effect that the Government will pay the pro-rata share of contribution to meet the expenses for payment of pension to Government employees who migrate to statutory corporations and autonomous bodies and are entitled to pension on retirement. In view of the fact that the service in the KTDC is not pensionable service, those Government orders cannot govern the petitioners. However, the fact remains that for various periods ranging from 7 to 8 years the petitioners had served the Government, before they were absorbed in the KTDC/ITDC. W.P.(C) No. 19817/05 3 Under Rule 57 of Part III of the Kerala Service Rules, minimum pension can be paid only if an employee has put in ten years of service. Since the petitioners do not satisfy the said requirement, they cannot claim minimum pension. Rule 10 of Part III of the Kerala Service Rules states that the service of an employee does not qualify for pension unless he is appointed, his duties regulated and paid by the Government or under conditions determined by the Government. However, rule 11 of Part III of the Kerala Service Rules provides that not with standing the provisions of rule 10, the Government may declare that any specified kind of service rendered shall qualify for pension and in individual cases, and subject to such conditions as they may think fit to impose in each case, allow service rendered by an employee to count for pension. 4. Ongoing through the impugned orders, it does not appear that the Government have considered the case of the petitioners with reference to rule 11 of Part III of the Kerala Service Rules and the purpose under lying the said rule. I am, therefore, of the considered opinion that the Government should consider the petitioners' grievance, in the light of the rule 11 of Part III of the Kerala Service Rules. I, accordingly, dispose of this writ petition with the following directions:- W.P.(C) No. 19817/05 4 1) The petitioners shall, within one month from today, submit individual representations before the Secretary to Government, Tourism Department setting out their claims and contentions. 2) The Government shall, on receipt of such representations, consider the same with particular reference to rule 11 of Part III of the Kerala Service Rules and pass orders thereon expeditiously and in any event within six months from the date of receipt of such representations, after affording the petitioners a reasonable opportunity of being heard. I make it clear that I have not expressed any opinion on the merits of the petitioners' claims and contentions and that the Government will be free to arrive at its own conclusion. P.N.RAVINDRAN, JUDGE. mn.