IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WA.No. 892 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22931/2006 Dated 16/01/2009 .................... APPELLANT/ PETITIONER ------------------------ V.SUKUMARAN,SARALA BHAVAN, ANAYARA P.O. THIRUVANANTHAPURAM, WORKING AS U.D.CLERK (HIGHER GRADE) DIRECTORATE OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.T.P.DEYANANTHAN SRI.A.V.RAMAKRISHNA PANICKER RESPONDENTS/ RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT FISHERIES AND PORT DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM. SR.GOVT.PLEADER, SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.A.No.892 OF 2009 ------------------------------- Dated this the 3rd day of June, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The writ petitioner is the appellant. The appellant has already retired from service while working as a Senior Upper Division Clerk in the Fisheries Department. Initially, he got employment under the Fisheries Department in a Farm. He worked as CLR Worker in the farm from 7.7.1976 to 29.11.1983. Thereafter, on the advice of the P.S.C., he joined on 30.11.1983 as Lower Division Clerk in the Revenue Department in Kannur District. Later, he got inter-departmental transfer to the Fisheries Department and came to Thiruvananthapuram. For pensionary benefits, his service from 30.11.1983 alone was counted. Claiming that the service rendered by him as CLR Worker in the Fisheries farm should also be counted, this writ petition was filed. The learned Single Judge, after adverting to the contentions of the appellant, dismissed the writ petition. Hence this appeal. 2. The Rule relied on by the appellant in support of his claim is Rule 11 of Part III of the Kerala Service Rules. The said W.A.No.892/2009 2 rule enables the Government to declare that any service rendered by a person shall be counted as qualifying service for pension. But, in the case on hand, we find that the Government have not declared CLR service as qualifying service for the purpose of grant of pension to a person, who got regular appointment in the ministerial wing of the Revenue Department and later, on inter-departmental transfer joined the Fisheries Department. The learned counsel for the appellant in support of his submission relied on Ext.P11 order. The said order is an order concerning grant of pension to the labourers in the Agricultural Department. The learned counsel referred to Ext.P7 order, which is an order formulating a scheme for pension to permanent workers under the Fisheries Department. We notice that Exts.P7 and P11 have no application to the case of the appellant. In the absence of any right conferred by any rule or order to count the CLR service also for pensionary benefits, this Court cannot grant any relief to the appellant. Accordingly, the Writ Appeal fails and it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps