IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 20727 of 2004(P) --------------------------------------- PETITIONER(S): ----------------------- M.DAISY, W/O. RAJAYYAN, R.D.BHAVAN, THAZHAMVILA VEEDU, VATTAVILA P.O. VIA. AMARAVILA.IIND GRADE DRAFTSMAN, COMMAND AREA DEELOPMENT AUTHORITY, THRISSUR. BY ADV. SRI.S.B.JAYACHANDRAN SRI.P.M.JOSEPH RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMAND AREA DEVELOPMENT AUTHORITY, REPRESENTED BY SECRETARY IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, COMMAND AREA DEVELOPMENT AUTHORITY, TRICHUR. 4. THE ASSISTANT ENGINEER, COMMAND AREA DEVELOPMENT AUTHORITY, DIVISION III, NEYYATTINKARA. 5. THE ADMINISTRATOR, COMMAND AREA DEVELOPMENT AUTHORITY, TRICHUR-20. GOVERNMENT PLEADER SRI. NOBLE MATHEW FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.20727 OF 2004 --------------------------------------- Dated this the 26th day of November, 2008. J U D G M E N T Petitioner is aggrieved by Exhibit P12 order passed by the Government whereby the request of the petitioner for pension as a special case was rejected. The stand taken in Exhibit P12 is that petitioner was only a provisional employee and provisional employees are not eligible for pension under the CADA Act. 2. It is submitted that the petitioner has rendered uninterrupted service of 20 years and 6 months and yet the petitioner was not regularized in service. Had she been regularized, she would have been eligible for pension, there is no dispute. On 29.10.2008, this Court passed the following order: “Govt. Pleader seeks time to file counter affidavit. In case no counter affidavit is filed within three weeks from today, it will be taken that the respondents have no objection in allowing the writ petition”. Earlier on 18.10.2005, this Court passed the following order: “Admit. Respondents to file counter affidavit within one month”. W.P.(C) No.20727/04 2 There is no counter affidavit yet. Petitioner having served the Government for nearly 21 years and having become ineligible for joining any other service, it is only just, equitable and reasonable that her case is considered as a case atleast for ex-gratia pension. I quash Exhibit P12. There will be a direction to the Government to grant ex-gratia pension to the petitioner with effect from the date of termination in view also of the order dated 29.10.2008. The needful shall be done within a period of three months from the date of receipt of a copy of this judgment. In the event of any delay beyond the said period, petitioner shall be entitled to interest at the rate of 12% for the arrears and the officers responsible for the delay shall be personally liable for the same. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.20727/04 3 KURIAN JOSEPH, J. W.P.(C) No. 20727 OF 2004 J U D G M E N T 26.11.2008