IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 20216 of 2010(B) --------------------------------------- PETITIONER(S): ------------------- SHANMUGHAN NADAR.K, S/O.LATE KESAVAN NADAR, AGED 62, RESIDING AT MUTTALAKUZHI MELE HOUSE, PUNJAKKARY, THIRUVALLAM P.O., TRIVANDRUM. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.ANEESH JAMES RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE (F) DEPARTMENT, TRIVANDRUM. 2. THE PRINCIPAL SECRETARY, THE DEPARTMENT OF FINANCE, (PENSION-B), STATE OF KERALA, TRIVANDRUM. 3. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 4. THE ACCOUNTANT GENERAL, (A & E) TRIVANDRUM. BY GOVT. PLEADER SRI.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ....................... W.P.(C).20216/2010 ....................... Dated this the 8th day of July, 2010 JUDGMENT Petitioner was a provisional employee whose services were regularized with effect from 30.4.1997. Subsequently he attained the age of superannuation and retired from service on 30.10.2003. Initially pension was granted reckoning the provisional service also and by Exts.P5 and P6, provisional service of the petitioner was excluded and the pension has been re-fixed, but without any liability for recovery. Exts.P5 and P6 are under challenge in this writ petition. 2. Reckoning of provisional service for increment and pension, was in view of the provisions contained in Government decision No.2 under Rule 33 of Part-I, KSR. Decision No.2 has been deleted with effect from 1.10.1994 and consequently in cases where service has been regularized subsequently, provisional service cannot be W.P.(C).20216/10 2 given credit. Necessarily therefore, Exts.P5 and P6 cannot be interfered. Writ petition fails and it is dismissed. ANTONY DOMINIC, Judge mrcs