IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WA.No. 2432 of 2007() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24813/2007 Dated 24/08/2007 .................... APPELLANT(S): PETITIONER IN THE WP ----------------------------------------------------------- P.R.RADHAMANI, FEMALE ATTENDANT (RTD.), THODUPUZHA MUNICIPALITY, RESIDING AT PANANCHIKKATTUMATTATHIL, KUMARAMANGALAM P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.N.SUGATHAN RESPONDENT(S): RESPONDENTS IN THE WP ----------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THODUPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, THODUPUZHA. BY GOVERNMENT PLEADER SRI. K. SANDESH RAJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- W.A.NO.2432 OF 2007 () ----------------------------------- Dated this the 23rd day of September, 2008 J U D G M E N T KOSHY,J. Appellant was appointed as Female Attender in Thodupuzha Municipality as per Ext.P1 order dated 7.8.1981 through Employment Exchange. Though the appointment was for 89 days, she was allowed to continue in service without any break. She attained the age of 55 on 31.5.2005. So, she continued to work till the date of retirement. She wanted regularisation of the service. That was rejected by the Government. She was appointed through Employment Exchange and her appointment was after undergoing selection process. She continued in employment for about 24 years without any break. It is also seen that similar benefits were granted by the Government to other employees in the Transport Department. Hence, she was continuously working. On the peculiar circumstances of the case, we are W.A.2432/07 2 of the opinion that it is a fit case where she should be granted atleast ex-gratia pension and necessary orders shall be passed by the Government within a period of five months from the date of receipt of the copy of this order and the pension amount arrears should be disbursed within a period of one month thereafter. With the above direction, this appeal is disposed of. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 23rd September, 2008