IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 23855 of 2004(M) ----------------------------------- PETITIONER: ---------------- A.L. PHILOMINA, AGED 55 YEARS, W/O. M.C. GEORGE, PHARMACIST (RETD.), O/o. THE DISTRICT MEDICAL OFFICER (HOMEO) THRISSUR (REIDING AT MECHARIPADY HOUSE, P.O. ALAPPAD, THRISSUR DISTRICT - 680 641). BY ADV. SRI. V.A. MUHAMMED SRI. K.E. HAMZA RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETATRY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HOMEOPATHY, TRIVNDURM. 3. THE ACCOUNTANT GENERAL (A & E) KERALA TRIVANDRUM. 4. THE DISTRICT MEDICAL OFFICER (HOMEO) THRISSUR. BY GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23855/2004 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the ORDER OF the 3RD RESPONDENT. EXT. P2 : COPY OF the G.O.(P) No. 2357/99/Fin. OF THE GOVERNMENT. EXT. P3 : COPY OF THE LETTER No. PAY FIX (HQ)-7(525)/865 OF THE 3RD RESPONDENT. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. -------------------------------------- W.P.(C). No. 23855 OF 2004 -------------------------------------- Dated this the 14th day of March, 2008. J U D G M E N T Prayer is for counting the provisional service rendered by the petitioner prior to 01.10.1994 for the purpose of pension. According to the petitioner, such service is liable to be counted in view of G.O.(P).543/89/Fin. dated 20.11.1989. 2. Learned Government Pleader submits that the service rendered by the petitioner was in the post of L.D.Clerk whereas initial appointment of the petitioner was to the post of Pharmacist. Since the scale of pay differs in both categories, service rendered by the petitioner cannot be counter for the purpose of pension, it is submitted. 3. According to the petitioner, her prayer is not for counting her provisional service for the purpose of increment. Only in the case of consideration for increment, the service cannot be counted in case scale of pay differs; whereas the provisional service prior to 01.10.1994 is liable to be counted for the purpose of pension. Petitioner further submits that provisional service W.P.(C). 23855/04 2 rendered by her has already been counted for the purpose of increment. The submission is disputed by the learned Government Pleader. Be that as it may, since the claim of the petitioner is for counting her provisional service rendered prior to 01.10.1994 for the purpose of pension, there will be a direction to the first respondent to look into the grievance of the petitioner, with notice to the petitioner, within a period of three months from the date of receipt of a copy of this judgment along with an appropriate representation. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp