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 5TH AUGUST 2008 / 14TH SRAVANA 1930 OP.No. 9767 of 2003(K) ---------------------------------- PETITIONER: ------------------- V.H.SYED MUHAMMAD, VELIYIL, C.M.C.8, CHERTHALA, RETD., AS COURT KEEPER, MUNSIFF'S COURT, CHERTHALA BY ADV. SRI.J.OM PRAKASH RESPONDENTS: --------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DISTRICT OF PANCHAYATH, THIRUVANANTHAPURAM 3. THE ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SRI. SANDESH RAJA - R1 TO 3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/08/2008 ALONG WITH WPC NO. 19169 OF 2003, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss O.P.NO.9767/2003 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DTD. 3/01/2001 SUBMITTED TO THE 3RD RESPONDENT. EXT.P3: COPY OF THE LETTER DTD. 8/05/2001 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. EXT.P4: COPY OF THE ORDER DTD.2/2/2001 OF THE FIRST RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 19/07/2001. EXT.P6: COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 28/09/2001. EXT.P7: COPY OF THE ORDER OF THE FIRST RESPONDENT DTD. 26/09/2001. EXT.P8: COPY OF THE GOVERNMENT ORDER DTD.11/05/1988 ISSUED BY THE UNDER SECRETARY TO GOVERNMENT. EXT.P9: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P.13802/98 DTD. 18/03/2004. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss J.B. Koshy & K.P.Balachandran, JJ. -------------------------------------- O.P. No. 9767 of 2003 - K and W.P.(C) No.19169 of 2003 - F --------------------------------------- Dated this the 5th day of August, 2008 Judgment Koshy,J. Petitioners in this case retired from Government service. Prior to their joining service, they had service in the local-self Government. The question is whether that service can be counted for calculating the pensionary benefits. Considering various representations, Government by Government Order (Ext.P4) dated 2.2.2001 decided to accept the representation subject to formal amendment of KSR. Government amended the Rules and as per the amended Rules by Kerala Service (Fourth Amendment) Rules, 2008 which was deemed to have come into force on 2.2.2001. As on that day, Government order was passed. In Writ Appeal No.257 of 2008, a Division Bench of this Court held that earlier Municipal/Panchayath service can be counted for pensionary benefits to those persons who retired on or after second day of February, 2001, after the date of the Government order and as per the Rules. Petitioners in these cases retired before that day. Therefore, on the basis of the rules, O.P.No.9767/2003 & W.P.(C)No.19169/2003 2 they are not entitled to get the benefit. Therefore, a direction cannot be issued compelling the Government to pay the amount. However, petitioners are free to make representation to the Government. Both the writ petitions are disposed of accordingly. J.B.Koshy Judge K.P.Balachandran Judge vaa O.P.No.9767/2003 & W.P.(C)No.19169/2003 3 J.B. KOSHY AND K.P.BALACHANDRAN,JJ. ------------------------------------- O.P. No. 9767 of 2003 - K and W.P.(C) No.19169 of 2003 - F ------------------------------------- Judgment Dated:5th August, 2008