IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 OP.No. 24641 of 2000(H) ---------------------------------- PETITIONER(S): ------------------------- M.ACHUTHAN, PRASANTHY HOUSE P.O. PUNNAPPALA, VIA, WANDOOR, MALAPPURAM DISTRICT, PIN. 679 328. BY ADVS. MR.E.V.NAYANAR MR.SURESH SUKUMAR RESPONDENT(S): ------------------------- 1. THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF KERALA, FOREST & WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FOREST (P) TRIVANDRUM. 3. THE ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.MOHAMED HASHIM THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP . NO.41541/2000 IN OP. NO.24641/2000 DISMISSED 02/12/2009 SD/- S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.PR-10/PEN-A/521/AH/97-98/472 DTD. 199.97 OF THE ACCOUNTANT GENERAL. P2:- COPY OF THE REPRESENTATION DTD. 17.10.97 TO THE RESPONDENT. P3:- COPY OF THE LETTER NO.E1/8138/96 DTD. 22.10.97 OF THE DIVISIONAL FOREST OFFICER, NILAMBUR SOUTH. P4:- COPY OF THE REPRESENTATION DTD. 2.10.99 TO THE HONOURABLE CHIEF MINISTER OF KERALA, THIRUVANANTHAPURAM. P5:- COPY OF THE PROFORMA OF THE SERVICE PARTICULARS FORWARDED BY THE DIVISIONAL FOREST OFFICER, NILAMBUR SOUTH. P6:- COPY OF THE LETTER NO.F2/13746/2000 DTD. 8.6.2000 OF THE CHIEF CONSERVATOR OF FOREST (ADMINISTRATION), THIRUVANANTHAPURAM TO THE IST RESPONDENT. P7:- COPY OF THE LETTER NO.16763/F1/97/FOREST. DT. 17.6.98 OF THE IST RESPONDENT TO THE PETITIONER. P8:- COPY OF THE LETTER NO.16220/F1/99/FOREST. DTD. 26.6.2000 OF THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE tss S.SIRI JAGAN, J. ================== O.P.No. 24641 of 2000 ================== Dated this the 2nd day of December, 2009 J U D G M E N T The petitioner was originally appointed as U.D.Clerk in the Panchayat Common Service and he worked as such from 1.6.1965 to 12.5.1974. Thereafter, he was selected to Government service through PSC and he joined Government service from 13.5.1974 onwards. He retired on 31.10.1997 from the Forest Department as U.D.Clerk. The petitioner's grievance in this original petition is that for the purpose of retirement benefits, the petitioner's service in the Government departments only was reckoned and not the petitioner's service in the Panchayat Common Service. According to the petitioner, the employees of the Panchayat Common Service are now treated as Government servants and the service in the Panchayat Common Service is also reckoned as qualifying service for retirement benefits. 2. However, the petitioner's request in this regard has been rejected by the respondents, although the superior officer of the petitioner had recommended reckoning of the Panchayat service also for the purpose of retirement benefits. 3. The learned Government Pleader now brings to my attention SRO No.666/08 for amending Rule 20 of Part III of the Kerala Service Rules, wherein the past service put in by the Government employees in Panchayat/Municipal Common Service shall be reckoned as qualifying service for pension and DCRG from Government. But he would submit that consequent amendment has not been carried out in the Kerala Service Rules and that the amendment is deemed to have come into force only with effect 2 from 2.2.2001. 4. I have considered the rival contentions in detail. 5. I am of opinion that in view of the fact that erstwhile employees of the Panchayat Common Service are also treated as Government servants and they are being paid retirement benefits taking into account their service in the Panchayat Common Service also, there is no rationale in denying that benefit to a person who has come to Government service from the Panchayat Common Service. As such, I hold that the petitioner is entitled to have his service in the Panchayat Common Service for the period from 1.6.1965 to 12.5.1974 also reckoned for the purpose of fixing the qualifying service for pension. There would be a direction to the respondents to that effect. The retirement benefits due to the petitioner shall be re-computed taking into account the Panchayat Common Service also. Orders in this regard shall be passed and arrears of retirement benefits disbursed to the petitioner as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. The original petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 24641 of 2000-H ================== J U D G M E N T 2nd December, 2009