IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 25068 of 2007(H) ----------------------------------------- PETITIONER(S): ------------------------- V.M. VIJAYANANDAN, AGED 57 YEARS, S/O. MADHAVAN (LATE), VELIYIL HOUSE, PATHIRAPPALLY P.O., ALAPPUZHA. (RETIRED LIBRARIAN GRADE IV., WOMEN'S POLYTECHNIC, THRISSUR) BY ADV. MR.B.S.SIVAJI RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION (A) DEPARTMENT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, WOMEN'S POLYTECHNIC, THRISSUR. 4. ALAPPUZHA MUNICIPAL COUNCIL, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, ALAPPUZHA-1. BY GOVERNMENT PLEADER MR.P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25068/2007 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF REPRESENTATION DTD. 7/08/2006 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P2: COPY OF ORDER NO.21450/A3/06/H.EDN. DTD. 12/04/07 ISSUED BY 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE GOVERNMENT ORDER DTD. 2/02/2001. R2(B): COPY OF THE GOVERNMENT ORDER DTD. 20/04/2004. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.25068 of 2007-H ------------------------------ Dated this the 11th day of June, 2009. J U D G M E N T The petitioner is a pensioner. He retired from service on 31.10.2004, while he was serving as Librarian Grade IV in the Government Women's Polytechnic, Thrissur. The petitioner entered service as Library Assistant on 18.12.1980 in the Municipality Library, Alappuzha. He continued there till 11.12.1986. That appointment was made through the Employment Exchange. While the petitioner was serving as Library Assistant in the Municipality Library, Alappuzha he was selected by the Kerala Public Service Commission and advised for appointment as Librarian in the year 1986. The petitioner was thereafter appointed and he joined duty as Librarian on 16.12.1986. After retirement from service, pensionary benefits were sanctioned and disbursed to the petitioner taking into account the service rendered by him with effect from 16.12.1986. The earlier provisional service was not reckoned for the purpose of grant of pension. The petitioner thereupon moved the Government claiming that the provisional service rendered prior to 16.12.1986 should be reckoned for the purpose of grant of increments and pensionary benefits. That request was rejected by the Government by Ext.P2 letter dated 12.4.2007 on the ground that the W.P(C) No.25068 of 2007-H 2 service rendered by the petitioner in the Municipality cannot be reckoned for service benefits. 2. After this writ petition was filed, Rule 20 of Part III KSR was amended by incorporating a proviso and note thereunder. The proviso reads as follows: "Provided that the past service put in by Government employees and Aided School/Aided College Teachers in Panchayath/Municipal Common Service and Universities prior to their entry in State Government Service or Aided School/College Service shall be reckoned as qualifying service for Pension and Death-cum-Retirement Gratuity from Government. Note:- (omitted as unnecessary ) 3. The amendment takes effect from 2.2.2001, prior to the date on which the petitioner retired from service. On the terms of the proviso to Rule 20 of Part III KSR, the service put in by the petitioner as Librarian in the Municipality Library, Alappuzha is liable to be reckoned for the purpose of grant of pensionary benefits. This aspect has not been examined by the Government evidently for the reason that at the time when Ext.P2 letter was issued the amendment had not taken effect and the field was occupied by the Government order dated 2.2.2001. In view of Rule 20 of Part III KSR as amended, the stand taken in Ext.P2 cannot be sustained. W.P(C) No.25068 of 2007-H 3 In the result I allow this writ petition, quash Ext.P2 and direct the competent authority among the respondents to revise the pensionary benefits payable to the petitioner applying the proviso and the note to Rule 20 of Part III KSR. Orders in that regard shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Higher Education Department. Payment of arrears shall be made within one month thereafter. The writ petition is allowed as above. No costs. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No.25068 of 2007-H 4