IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 29751 of 2009(L) -------------------------- PETITIONER(S): --------------- C.A.ABOOBACKER, AGED 64 YEARS, NAMBINARATH PARAMBU, MADAVANA, ERNAKULAM, PIN-682 506. BY ADV. SRI.L.P.ARAVINDAKSHAN SMT.S.SREEDEVI(ALP) RESPONDENT(S): --------------- 1. INSPECTOR GENERAL OF KERALA (REGN.), DEPARTMENT OF REGISTRATION, THIRUVANANTHAPURAM. 2. OFFICE OF THE ACCOUNTANT GENERAL, DEPARTMENT OF REGISTRATION (A & E), THIRUVANANTHAPURAM. 3. THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29751 of 2009 --------------------------------- Dated, this the 22nd day of October, 2009 J U D G M E N T The petitioner has rendered a total service of 19 years, 5 months and 19 days. However, for fixing his pensionary benefits, only 19 years have been taken as qualifying service. According to the petitioner, he having rendered more than 19 years service, the same shall be reckoned as 20 years, and pensionary benefits shall be granted on that basis. 2. However, it is seen from Rule 57 of Part III KSR that any period less than six months is not liable to be counted as one year, as claimed by the petitioner. On the other hand, period less than 6 months is to be ignored. If so, the claim raised by the petitioner cannot be granted. 3. The petitioner also seeks a declaration that the provision formulating reduction of service for computation of pension is unconstitutional. In my view, there is no substance WP(C) No.29751/2009 -2- in the contention of the petitioner. Reckoning of service period for computation of pension will depend upon the terms of the Rules, and if the Government has taken a policy decision not to count period less than six months for pensionary benefits, the said provision cannot be said to be arbitrary or unconstitutional for any reason. The writ petition fails, and is accordingly, dismissed. (ANTONY DOMINIC, JUDGE) jg