IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 24301 of 2006(R) --------------------------------------- PETITIONER: ------------------- M. VIJAYAN, TRADE INSTRUCTOR (RETIRED), GOVERNMENT POLY TECHNIC COLLEGE,KANNUR,RESIDING AT MURINGOLI HOUSE PALAYAD P.O., THALASSERY, KANNUR DISTRICT. BY ADVS. SRI.P.M.PAREETH, SMT.C.C.JANCY, SRI.MOHAMMED SHAMEEL. RESPONDENTS: ------------------------ 1. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 3. PRINCIPAL, GOVERNMENT POLY TECHNIC COLLEGE, THOTTADA, KANNUR-7, KANNUR DISTRICT. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.24301/2006-R: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE CERTIFICATE DTD. 19/02/82 ISSUED BY THE PRINCIPAL, INDUSTRIAL TRAINING INSTITUTE, KANNUR. EXT.P.2: COPY OF THE LETTER DTD. 18/07/02 ISSUED BY THE R.2. TO THE R.1. EXT.P.3: COPY OF THE G.O.(P).NO.2357/99/FIN. DTD. 25/11/99. EXT.P.4: COPY OF THE REPRESENTATION DTD. 27/07/06 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.5: COPY OF THE JUDGMENT DTD. 18/05/04 IN O.P.NO.2366/03 (B). RESPONDENT'S ANNEXURES:- ANNEXURE R1(A): COPY OF THE PROCEEDING NO.P2/25408/06 DTD. 16/10/2006. ANNEXURE R1(B): COPY OF THE REPORT NO.D18-REVN/102/B2/06-07/1056 DTD 14/11/06. //TRUE COPY// P.A. TO JUDGE Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.24301 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2011 J U D G M E N T The petitioner retired from service of the Government of Kerala as a Workshop Attender in the Technical Education Department on 30.06.2002. The petitioner entered regular service on 20.06.1986. Prior to entering regular service, the petitioner had provisional service for the period from 20.08.1981 to 19.02.1982. According to the petitioner, the petitioner is entitled to have his retirement benefits computed taking into account the provisional service also. But instead of 17 years the petitioner has been given benefit of only 16 years as qualifying service. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “1) A writ of mandamus or other appropriate writ, direction or order commanding the first respondent to reckon the period of provisional service rendered by the petitioner in the post of Workshop Attender for the period from 20.8.81 to 19.2.82 as qualifying service for pension and to revise the pension and DCRG of the petitioner forthwith. 2) A declaration to the effect that on the basis of the Ext.P3 Government Order the petitioner is entitled to get his W.P.(C)No.24301 of 2006 -2- provisional service in the post of Workshop Attender for the period from 20.8.81 to 19.2.82 counted as qualifying service for the purpose of pension and gratuity. 3) A writ of mandamus or other appropriate writ, direction or order commanding the first respondent to disburse arrears of pension and gratuity to the petitioner for the period from 1.7.2002 onwards on the basis of the revised pension and gratuity arrived at after reckoning his provisional service for pensionary benefits forthwith.” A statement has been filed on behalf of the 1st respondent which reads as follows: 1. The petitioner was regularly appointed as Workshop Attender in this department and joined duty on 20.6.1986. He retired from service on 30.6.2002. Prior to his entry in regular service he had rendered provisional service as workshop Attender for the period from 20.8.1981 to 19.2.1982 (6 months) at Government Industrial Training Institute, Kannur. 2. Initially, petitioner's pensionary benefits were sanctioned reckoning qualifying service of 16 years for the period from 20.6.1986 to 30.6.2002. His claim for counting the provisional service for the period from 20.8.1981 to 19.2.1982 has been sanctioned by the department vide proceedings No.P2/25408/06 dated 16.10.2006 and has been admitted by the Accountant General as per P-18-Revn/102/Bz/06-07/1056 dated 14.11.2006. True copies of the above orders are produced herewith and marked as Annexure R1(a) & R1(b) respectively. The qualifying service has been thus revised as 17 years and monthly pension of Rs.1355/- and DCRG Rs.60792/- sanctioned. 3. It is submitted that the provisional service as claimed by the petitioner has been reckoned as qualifying service and all consequential pensionary benefits have already been sanctioned. As all the reliefs asked for in the Writ Petition have been allowed by the department, the Writ petition may be dismissed as infructuous.” From the same, it is clear that the benefit, the petitioner has sought in the writ petition has been allowed by the W.P.(C)No.24301 of 2006 -3- respondent themselves. Accordingly recording the same, the writ petition is closed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/