IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 OP.No. 4070 of 1998(H) -------------------------------- PETITIONER: ------------------- A. GOPALAN, S/O. IYYER KOCHIKA (LATE), AGED 55 YEARS, ANGADIKUNNEL, ARIPARAMBU.P.O., KOTTAYAM. BY ADVS. SRI.M.R.RAJENDRAN NAIR (SR.), SRI.M.R.SUDHEENDRAN. RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 4070/1998-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 18/10/97 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- O.P.No. 4070 of 1998 --------------------------------------------------- Dated this the 14th day of January, 2009 JUDGMENT The petitioner started service as Voluntary Promoter with effect from 18.2.1980 in the Health Department. Later he was absorbed as Part-time employee with effect from 7.3.89 and as Hospital Attendant Grade II with effect from 3.10.89. He was further promoted as Hospital Attendant Grade -I with effect from 12.2.96 and as Nursing Assistant with effect from 2.8.1996. He was relieved from service with effect from 30.4.97 on attaining the age of 55 years. The contention raised is that service rendered by the petitioner as Voluntary Promoter should be reckoned for the purpose of granting pensionary benefits. Ext.P1 is the representation filed before the Government in the matter. 2. The averments in the counter affidavit make it clear that the service rendered as Voluntary Promoter is not countable for pension. No entry regarding his service as Voluntary Promoter is noted in the Service Register of the petitioner. As per Service Register, he entered service as Part-time Sweeper as per order No.A2-10015/84 dated 7-3-1989 of District Medical Officer of Health, Kottayam and he joined duty on 14-3-1989. O.P.No.4070 of 1998 2 3. In the light of the fact that, the service rendered as Voluntary Promoter is not countable for pension, the request made by the petitioner cannot be sustained legally. In the event of Government taking a decision to count the service rendered as Voluntary Promoter for pensionary benefits, the petitioner will be entitled to such relief. This Writ Petition fails and accordingly dismissed subject to the observation made. No costs. T.R.RAMACHANDRAN NAIR, JUDGE bps