IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 7606 of 2011(A) ------------------------- PETITIONER(S): --------------- 1. MAHESWARI.S, KEEZHEPARABHUVILAKATHU VEEDU, ULOOR,MEDICAL COLLEGE P.O.,TRIVANDRUM 2. S/GLORI BAI, KIZHAKKAMAVADITHALA VEEDU, KOCHOTTUKONAM,MARIYAPURAM P.O.,TRIVANDRUM 3. M.VIJAYAN,C.V.BHAVAN, PALLIVETTA, ARYANAD P.O.,TRIVANDRUM 4. V.PADMINI ABHILASH BHAVAN, BIG STREET P.O.,KUZHITHURAI, K.K.DISTRICT 5. JAYANTHI.S,S.S.MANDIRAM, THUNDATHIL P.O.,(VIA)KARYAVATTOM, TRIVANDRUM 6. KUSALA MUMARI K.S,PADMAPRABHA, JOSEPHILINE, JLRA-14,KACHERI,KARAKULAM P.O., TRIANDRUM 7. KUMAR USHA G., V.V.K.BHAVAN, CHANTHAVILA, NEDUMANGAD P.O.,TRIVANDRUM 8. AMMINI K,KOYICKAL HOUSE, MALAMURI, PERUMPAVOOR P.O.,ERNAKULAM DISTRICT 9. E.DEVADAS, NJARACKAL VEEDU, RASSALPURAM P.O.,BALARAMAPURAM THIRUVANANTHAPURAM DIST 10. RAMALAKSHMI, 'SISIRAM'.,CC 23/1033(1) VALIYASALA, THYCADU, THIRUVANANTHAPURAM DISTRICT WPC.7606/2011 11. MANOHARAN K, KUNCHU VEEDU, KAVARAKULAM, NEYYATTINKARA P.O., TRIVANDRUM BY ADV. SRI.SANU.S.PANICKER RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-PIN-695034 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION(S) GOVT.SECRETARIAT, THIRUVANANTHAPURAM PIN-695034 3. THE UNIVERSITY OF KERALA, REP.BY ITS REGISTRAR, KERALA UNIVERSITY BUILDING,THIRUVANANTHAPURAM, PIN-695034 BY GOVT.PLEADER SMT.M.T.SHEEBA FOR R1 & R2 ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UNIVERSITY FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2011, ALONG WITH WPC NO.9921 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.7606/2011 PETITIONER'S EXTS: EXT.P1: COPY OF REPRESENTATION DATED 6.11.2010 SUBMITTED BY THE CLASS IV EMPLOYEES OF THE UNIVERSITY INCLUDING THE PETITIONERS BEFORE THE VICE CHANCELLOR, KERALA UNIVERSITY. EXT.P2: COPY OF LETTER DT.5.1.2011 SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P3: COPY OF RELEVANT PORTION OF PAPER REPORT PUBLISHED IN THE MALAYALA MANORAMA DAILY DT.24.2.11. EXT.P4: COPY OF APPOINTMENT ORDER DT.15.7.05 ISSUED BY THE UNIVERSITY. EXT.P5: COPY OF THE REQUEST DT.19.11.05 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.P6: COPY OF ORDER OF THE VALIDITY OF THE RANKED LIST PASSED BY THE UNIVERSITY. EXT.P7: COPY OF APPOINTMENT ORDER PASSED BY THE UNIVERSITY. RESPONDENTS' EXTS: EXT.R3(A): COPY OF ORDER NO.AD.AII.1.36451/2002 DT.13.9.04 OF THE UNIVERSITY OF KERALA. EXT.R3(B): COPY OF MINUTES OF THE SYNDICATE HELD ON 19.3.10. TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)Nos.7606 & 9921 of 2011 -------------------------------------------------- DATED THIS THE 9th DAY OF NOVEMBER, 2011 JUDGMENT The petitioners herein are persons working in the University as Class IV employees. It is submitted that some of them have retired. Mainly, the prayer is for a direction to the University to count the service as daily wage employees for the purpose of service and pensionary benefits. They are also seeking for enhancement of the retirement age to 60 years or till they attain 10 years' of service for getting minimum pension. 2. Heard the learned counsel for the petitioners and the learned Standing Counsel for the University. 3. The petitioners have pointed out that the notification inviting application was issued in the year 1992 and there were more than 171 vacancies for Class IV employees existing in the said year. The select list was published on 30.6.1999 and all the candidates who were included in the list have crossed the age of 40 at the time of publication of the ranked list. Even though the publication of the ranked list was made, it took long time for making appointments. 25 persons were appointed in 2002, W.P.(C)Nos.7606 & 9921 of 2011 -2- another 50 persons were appointed in 2005 and the remaining 50 persons were appointed in the year 2007. This is the factual scenario based on which the petitioners seek for appropriate reliefs against the University. 4. The University has explained various aspects by filing a detailed counter affidavit. In paragraph No.19 of the counter affidavit, it is pointed out that the reason that the candidates who got appointment on a later date do not get enough service to qualify for pension is not a sufficient reason for extending their service upto the age of 60 years. Those who do not get minimum 10 years service are eligible for ex-gratia pension at present for which the petitioners are eligible. 5. The question is whether the petitioners are entitled for minimum pension by counting the provisional service also. 6. The circumstances under which the appointments were delayed show that there was a ban order issued by the Government. Therefore, even though the learned counsel for the petitioners relied upon the decision of the Full Bench of this Court in District Transport Officer v. Kunchan, evidently, the facts of the present case are distinguishable. 7. The learned counsel for the petitioners submitted that W.P.(C)Nos.7606 & 9921 of 2011 -3- if the petitioners' ex-gratia payment is made, then the petitioners are eligible for enhancement of the same also from time to time. As on today, it is submitted that the amount will be Rs.4,500/- per month. 8. In that view of the matter, since it is submitted that the petitioners are eligible for getting ex gratia amount, they will have to be granted the said benefit. Even though the learned counsel for the petitioners presses for a direction to grant minimum pension counting the provisional service also, considering the fact that there had been considerable delay in making the appointment, I am not satisfied that this Court will be justified in issuing any direction to that effect. But the claim for ex gratia amount will be considered and the eligible benefits will be granted to the petitioners from time to time. The Writ Petitions are accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE dsn