IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 22196 of 2010(Y) -------------------------- PETITIONER(S): --------------- G.JOSHUA, AGED 70 YEARS, S/O.LATE GEEVARGHESE, RETD.ASST ENGINEER, MANNOOPARAMBIL HOUSE, KARUVATTA P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.P.R.VENKETESH SRI.P.R.RAJA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE CHIEF ENGINEER, PROJECTS-II, MUSEUM P.O., THIRUVANANTHAPURAM 695001. 3. THE ACCOUNTANT GENERAL OF KERALA, INDIAN AUDIT ACCOUNTS DEPARTMENT, OFFICE OF THE ACCOUNTANT GENERAL (A & E), M.G.ROAD, P.B.NO.5607, THIRUVANANTHAPURAM-695 039. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.22196 of 2010 (Y) --------------------------------- Dated, this the 16th day of July, 2010 J U D G M E N T The petitioner entered service as a Tracer on 16/09/1958 and retired as Assistant Engineer by opting for voluntary retirement on 03/10/1992. 2. According to the petitioner, his total qualifying service is 29 years, 2 months and 6 days and what he wants is that his qualifying service should be rounded off to 30 years. This claim of the petitioner has been considered and rejected by Ext.P5 stating that in terms of the provisions contained in Rule 56, Part III, KSR, such claim is inadmissible. It is thereupon that this writ petition has been filed. 3. Learned counsel for the petitioner relied on the proviso to Rule 57, Part-III, KSR, which provides that fraction of less than a half year, if any, in the qualifying service above 9 years and 29 years respectively will be rounded to the next completed years i.e. 10 years or 30 years as the case may be. According to him, applying the proviso to Rule 57, the petitioner’s qualifying service, being 29 years, 2 months and 6 days, is liable to be rounded off to 30 years WP(C) No.22196/2010 -2- and on that basis benefits have to be quantified and disbursed. 4. However, as rightly pointed out by the learned Government Pleader and as stated in Ext.P5, the petitioner having retired voluntarily, is governed by Rule 56, Part-III, KSR. Sub Rule (vii) of Rule 56 provides that fraction, if any, in the qualifying service shall be rounded to the nearest completed year, that fraction of less than half year shall be ignored and half year and above shall be rounded to the next completed year. Admittedly, fraction of the year of qualifying service rendered by the petitioner is less than half an year. Therefore, Rule 56(vii) of Part-III, KSR is to be applied, and the petitioner’s qualifying service is only that of 29 years as already quantified. 5. The petitioner retired from service voluntarily. Such an employee is governed by Rule 56 of Part-III, KSR, and Rule 57 has no application in the case of an employee, who retired voluntarily. Therefore the proviso to Rule 56 relied on by the petitioner is irrelevant insofar as his case is concerned. In that view of the matter, quantification of the qualifying service cannot be faulted. The writ petition fails and is only to be dismissed and I do so. (ANTONY DOMINIC, JUDGE) jg