IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 20343 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. M.P.VISWANATHAN, (RETIRED WATCHMAN,GURUVAYOOR DEVASWOM), MELEPARAPPALLI HOUSE,PANTHEERANKAVU, KOZHIKODE DISTRICT. 2. P.C.KRISHNANKUTTY, (RETIRED WATCHMAN,GURUVAYOOR DEVASWOM), PUTTARACHALIL HOUSE,P.O.PUNNACHERRY, NARIKUNI,KOZHIKODE DISTRICT. BY ADV. SMT.P.V.ASHA RESPONDENT(S): --------------- 1. GURUVAYOOR DEVASWOM,REP.BY ITS ADMINISTRATOR,GURUVAYOOR. 2. ADMINISTRATOR,GURUVAYOOR DEVASWOM, GURUVAYOOR. 3. DEPUTY DIRECTOR OF LOCAL FUND AUDIT (GURUVAYOOR DEVASWOM),OFFICE OF THE LOCAL FUND AUDIT,DEVASWOM BUILDINGS,GURUVAYOOR. ADV. SRI.V.KRISHNA MENON FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20343/2009 -------------------- Dated this the 16th day of September, 2009 JUDGMENT Petitioners had rendered NMR service in the 1st respondent, Devaswom, for the period from 10.5.1983 to 23.9.1985 and 20.10.1983 to 23.9.1985 respectively. There was a dispute as to whether the said service can be counted as qualifying service for the purpose of pension. It is pointed out that in a decision taken by the Managing Committee on 31.10.1990, it was decided that the NMR service of the employees whose appointment as NMR was followed by a regular appointment, would be reckoned as service qualifying for pension and gratuity. By Ext.P2, services of the petitioner were treated as regular with effect from 18.1.1983 for pensionery benefits. Petitioners thereafter, were promoted as Watchman and they retired from service. But their NMR service for the aforementioned period had not been taken into account in fixing their pension and other retirement benefits and hence the writ petition. 2. A counter affidavit has been filed by the respondents resisting the contentions raised in the writ petition. W.P.(C).20343/09 2 3. The issue in question has been elaborately dealt with in W.P.(C).4408/2008 and connected case, as evidenced by Ext.P5 judgment. Petitioners are similarly situated to that of the petitioners in the said judgment. 4. I heard learned Standing Counsel for the Devaswom Board also. I am of the view that Ext.P5 covers the issue in favour of the petitioners. 5. Accordingly the writ petition is allowed. It is declared that the services rendered by the petitioners as NMR workers from 10.5.1983 to 23.9.1985 and 20.10.1983 to 23.9.1985 shall be treated as qualifying service for pension and other retirement benefits due to the petitioners. Such benefits shall be recomputed and consequential revised orders shall be passed within two months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs