IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WA.No. 89 of 2009() ------------------- AGAINST THE JUDGEMENT IN WPC.27517/2008 Dated 23/10/2008 .................... APPELLANT: PETITIONER ------------------------ K.G.MURALEEDHARAN,S/O.LATE GOVINDAN, AGED 56,MECHERATH HOUSE, KUTTIMUNDA, POOKOTTUMANA.P.O,MALAPPURAM DISTRICT. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS ADDITIONAL SECRETARY (FINANCE)PENSION-B-DEPT.), GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE EXCISE COMMISSIONER,COMMISSIONERATE OF EXCISE,VELLAYAMBALAM,TRIVANDRUM. 3. THE ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, MALAPPURAM. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. ---------------------------------------------- W.A. No.89 of 2009 ---------------------------------------------- Dated 22nd January, 2009. J U D G M E N T Kurian Joseph, J. Appellant/petitioner is aggrieved since his past service in the Central Reserve Police Force(CRPF) for over nine years is not taken into account for the purpose of pension, by tagging the same with the subsequent service rendered by him under the State Government. The writ petition was dismissed holding that the relinquishment of service from the CRPF was not to take up employment in the State Government. Learned Senior Government Pleader contends that only if an incumbent is discharged for taking up employment in the State Government, he will get the benefit of the past service. 2. Note 2 to Rule 11 Part III Kerala Service Rules stipulates that employees of State Government Departments who left the former service in Central Government/Central Public Sector undertakings on their own volition for taking up appointment in State Government Departments will be allowed to reckon their prior service for all pensionary benefits along with the service in State Government Departments. Whether the WA NO.89/09 2 volition should take the shape of an offer for appointment at the time of relinquishment of job in the central sector, is the crucial question. Petitioner submits that he may be permitted to approach the Government itself by way of an appropriate representation. Having regard to the submission as above, we are of the view that the petitioner should be given an opportunity to approach the Government. Accordingly, we set aside the judgment under appeal and dispose of the writ petition permitting the petitioner to approach the first respondent by way of an appropriate representation. In the event of the representation being filed within two months from today, the first respondent shall consider the same with notice to the petitioner and pass appropriate orders thereon, within another three months. The Writ Appeal is disposed of as above. KURIAN JOSEPH, JUDGE. P.R.RAMACHANDRA MENON, JUDGE. tgs KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ ---------------------------------------------- W.A. No.89 of 2009 ---------------------------------------------- J U D G M E N T Dated 22nd January, 2009.