IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 25380 of 2006(U) -------------------------------- PETITIONER: -------------- P.O.GEEVARGHESE, S/O.UNNUNNI, PEON (RETIRED), M.T.G.H.S., PULAMON P.O., KOTTARAKKARA AND RESIDING AT B.S.BHAVAN, THIRUTHIKARA P.O., KOLLAM-690 540. BY MR.N.UNNIKRISHNAN, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO THE GOVT., FINANCE DEPARTMENT (PRCA), SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 4. THE ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM. 5. THE DISTRICT TREASURARY OFFICER, KOTTARAKKARA. 6. THE HEAD MISTRESS, M.T.GIRLS'S HIGH SCHOOL, PULAMON P.O., KOTTARAKKARA. BY MR. MOHAMMED FAIZAL M.P., GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.25380/2006 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF COLUMN No.10 IN PAGE 15 OF SERVICE BOOK OF PETITIONER. EXT. P2 : COPY OF REPRESENTATION DTD. 24.9.04 SUBMITTED BY THE PETITIONER TO THE HON'BLE CHIEF MINISTER OF KERALA. EXT. P3 : COPY OF LETTER No.109790/PRC.A2/04/FIN. DTD. 4.2.05 ISSUED BY R1. EXT. P4 : COPY OF LETTER DTD. 17.11.05 SUBMITTED BY THE PETITIONER TO THE HON'BLE CHIEF MINISTER OF KERALA. EXT. P5 : COPY OF PENSION FORM No.2 FORWARDED BY R6 HEADMISTRESS, M.T.G.H.SCHOOL, KOTTARAKKARA DTD. 28.6.00. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.25380 OF 2006 --------------------------------------- Dated this the 11th day of June, 2009. J U D G M E N T The petitioner retired from service as Peon after 23 years of service from the M.T. Girls High School, Pulamon, Kottarakkara. The writ petition concerns his claim for higher grade on completion of 23 years of service as Peon. 2. The petitioner entered service on 01.08.1977 as per order issued by the District Educational Officer, Thiruvalla. He was appointed as Full Time Menial from 01.12.1977 against an existing vacancy as per the order dated 20.01.1979 issued by the District Educational Officer. His probation was declared with effect from 30.11.1978. He was promoted as Peon and transferred to St. George's U.P. School, Naranganam as per order dated 19.07.1984, which was approved by the Assistant Educational Officer, Kozhencherry as per order dated 04.09.1984. He was given first Higher Grade promotion on completion of 10 years of service and Senior Grade promotion on completion of 18 W.P.(C) No.25380/2006 2 years on 01.12.1987. He had completed 23 years of service on 30.11.2000. The representation filed by him was rejected stating that on completion of 23 years of service, the petitioner was not in service on 01.12.2000 as he had retired from service on 30.11.2000 A.N. Exhibit P2 is the representation submitted by him before the Hon'ble Chief Minister, and after considering the matter, Exhibit P3 reply was given by the concerned Secretary to Government to him. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. Learned counsel appearing for the petitioner submitted that the view taken by the Government is not correct since he had acquired the required service on 30.11.2000. Relying upon Exhibit P5, the pension order was issued in his favour, it is contended that the total length of service has been calculated as 23 years and two months. Therefore, the petitioner will be entitled for the benefit of higher grade since he will have two months more service prior to the date of retirement, ie. on 30.11.2000. The same should also be reckoned, as the said W.P.(C) No.25380/2006 3 period has already been counted for granting pensionary benefits, contends the petitioner. These two months represent the period from 01.08.1977 to 30.11.1977, which is the part time service. Since the said aspect requires consideration at the hands of the first respondent, there will be a direction to the first respondent to consider the matter afresh after hearing the petitioner. Exhibit P3 is therefore quashed. The petitioner will produce a copy of Exhibit P5 before the first respondent. Appropriate orders shall be passed, after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp