IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 27054 of 2004(U) -------------------------- PETITIONER(S): --------------- E.K.SUMITHRA, RETIRED JUNIOR SUPERINTENDENT, USHUS, NEAR CEDT, 12TH MILE, NIT CAMPUS (REC)P.O. KOZHIKODE DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY, KOZHIKODE. 3. THE DIRECTOR OF TECHINICAL EDUCATION, TECHNICAL EDUCATION DIRECTORATE, THIRUVANANTHAPURAM. ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE FOR R2 MR.ANTONY MUKKATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27054/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF DISCHARGE CERTIFICATE NO.E-4644/68 DATED 26/02/69 ISSUED BY THE SUPERINTENDENT, DISTRICT HOSPITAL, PALAKKAD. P2 : COPY OF DISCHARGE CERTIFICATE DATED 03/05/69 ISSUED BY THE DISTRICT LABOUR OFFICER, PALAKKAD. P3 : COPY OF CERTIFICATE DATED 08/12/69 ISSUED BY THE DISTRICT LOTTERY OFFICER, PALAKKAD. P4 : COPY OF DISCHARGE CERTIFICATE DATED 02/07/70 ISSUED BY THTE SUPERINTENDENT OF POLICE, PALAKKAD. P5 : COPY OF DISCHARGE CERTIFICATE NO.B5.10133/72 DATED 03/09/73 ISSUED BY THE TAHSILDAR, CHITTUR. P6 : COPY OF CERTIFICATE BEARING NO.IT/8/73 DATED 04/05/74 ISSUED BY THE PRINCIPAL OF the INDUSTRIAL TRAINING INSTITUTE, MALAMPUZHA. P7 : COPY OF DISCHARGE CERTIFICTE NO.A4-17073/75 DATED 28/06/75 ISSUED BY THE DISTRICT COLLECTOR, PALAKKAD. P8 : COPY OF DISCHARGE CERTIFICATE NO.A.1976/75 DATED 26/12/75 ISSUED BY THE TALUK SUPPLY OFFICER, MANNARKKAD. P9 : COPY OF DISCHARGE CERTIFICATE BEARING REF.NO.162/76-(2) DATED 30/09/76 ISSUED BY THE SPECIAL TAHSILDAR (LR), SREEKRISHNAPURAM. P10 : COPY OF DISCHARGE CERTIFICTE DATED 18/02/78 ISSUED BY THE LEARNED MUNSIFF, OTTAPALAM. P11 : COPY OF DISCHARGE CERTIFICATE NO.A-579/80 DATED 09/05/80 ISSUED BY THE ASST. EDUCATIONAL OFFICER, MANNARKKAD. P12 : COPY OF G.O.(P) NO.279/79/FIN. DATED 16/03/79 ISSUED BY R1. P13 : COPY OF G.O.(P) NO.540/94/FIN. DATED TVM. 30/09/94 ISSUED BY R1. P14 : COPY OF JUDGMENT IN W.A.NO.3208/00 DATED 03/06/03 OF THIS HONOURABLE COURT. P15 : COPY OF REPRESENTATION DATED 06/08/2003 FILED BY THE PETITIOENR BEFORE R2. P16 : COPY OF PROCEEDIGNS NO.P5-4560/02 DATED 17/11/03 OF R2. WPC NO.27054/2004 P17 : COPY OF REPRESENTATION DATED 29/01/04 FILED BY THE PETITIONER BEFORE R2. P18 : COPY OF PROCEEDINGS NO.P5/4560/02/P3 DATED 23/06/04 OF R2. P19 : COPY OF REPRESENTATION DATED 14/07/04 FILED BY THE PETITIONER BEFORE R2. P20 : COPY OF PROCEEDIGNS NO.P5/4560/02/P3 DATED 17/08/04 OF R2. RESPONDENT'S EXHIBITS R2(1) : COPY OF LETTER VIDE NO.P5/4560/02 DATED 17/11/2003 ISSUED TO THE PETITIONER. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.27054 2004 (U) --------------------------------- Dated, this the 22nd day of December, 2009 J U D G M E N T The petitioner submits that prior to her entry into the regular service of the 2nd respondent, she has rendered provisional service for a period of 47 months in similar category of posts, and therefore she is eligible to have her provisional services reckoned as directed in Ext.P12 Government Order for the purpose of increment and pension. It is on this basis, this writ petition has been filed. 2. From the pleadings of this case, it would appear that during the period 26/11/1968 - 09/05/1980, the petitioner has rendered provisional services in the District Hospital, District Labour Office, District Lottery Office, Office of the Superintendent of Police, Taluk Office, ITI - Malampuzha, Collectorate, Palakkad, Taluk Supply Office, Office of the Special Tahsildar, Munsiff Court and Office of the Assistant Educational Officer. Thereafter, she got regular appointment under the 2nd respondent. She is claiming credit for the previous provisional services rendered by her. Ext.P12 WP(C) No.27054/2004 -2- Government Order relied on by the petitioner shows that the benefit is available only if the employee is in the same category of post, which should satisfy the following conditions: i. The posts should carry the same or identical scale of pay. ii. The qualification and method of appointment should be the same and iii. The post should fall in the same service. 3. In the counter affidavit filed by the 2nd respondent, the stand of the 2nd respondent is that it is an autonomous body, and that the petitioner cannot claim the benefit of Ext.P12 in so far as the service rendered under the 2nd respondent is concerned. In such a factual situation, the claim is only to be rejected. The 2nd respondent has also stated that the service rendered under them cannot be treated as in the same category. Therefore, the petitioner cannot claim the benefit of Ext.P12, in so far as the service rendered under the 2nd respondent is concerned. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg