The petitioner, a physically handicapped peon, challenged the rejection of his pension claim by arguing for reduced qualifying service under Kerala Service Rules. The High Court held that provisional service through the Employment Exchange does not constitute qualifying service under the relevant Government Order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY ,THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940
WP(C).No. 31070 of 2018
PETITIONER/S:
C. RAJASEKHARAN AGED 56 YEARS RESIDING AT KANIYANVILA VEEDU, VALIYAKADA, CHIRAYANKEEZHU PO, THIRUVANANTHAPURAM - 695304
BY ADVS.
SMT.M.U.VIJAYALAKSHMI KUM.NEETU VINOD
RESPONDENT/S:
1 STATE OF KERALA REP BY SECRETARY TO GOVERNMENT, FINANCE (PENSION) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001
2 THE DISTRICT COURT - THIRUVANANTHAPURAM, REPRESENTED BY ITS SHERISTADAR, THIRUVANANTHAPURAM-695 035
BY ADV. SRI.BIJOY CHANDRAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who worked as a Peon in Munsiff's Court, Varkala on being sponsored by Employment Exchange, claims pension as he is a physically handicapped person.
2. Petitioner rendered 4½ years service for the period from 22.12.2008 to 24.06.2013. Claiming the benefit of Ext.P3 Government Order
issued on 08.11.1996, the petitioner requested for granting pension claiming that the Government has issued orders to the physically handicapped persons, who are having qualifying service of a minimum period of three years. The request of the petitioner was rejected as per Ext.P6 order issued by the Sheristadar on 12.06.2017, since he
was working on a provisional basis. He thereupon submitted Ext.P7 representation before Government requesting to sanction pension, considering the fact that he is a physically
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handicapped employee. Government thereafter issued Ext.P9 order after affording an opportunity of hearing to petitioner, on the basis of the direction issued by Ext.P8 judgment in W.P.(C) No.35788/2017. Government found that petitioner's appointment was on provisional basis through Employment Exchange and his case does not come under the purview of Ext.P3 Government Order, which specified three years of qualifying service.
3. According to learned counsel for the
petitioner, it is open to the Government to issue orders sanctioning pension under Rule 11(2) of Part III KSR, considering the plight of the petitioner who is a physically handicapped employee, who deserves special consideration.
4. The learned Government Pleader submits that petitioner's case does not come under the purview of Ext.P3 order. As pointed out by the learned Government Pleader, Government have
already considered the case of the physically
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disabled separately and issued Ext.P3 order under Rule 11, reducing the minimum eligibility condition for pension from 10 years to 3 years, in their case alone. The provisional service rendered through Employment Exchange does not come under the purview of qualifying service as any service rendered on temporary basis is excluded from the purview of Kerala Service Rules.
In the absence of any other orders issued by Government under Rule 11, petitioner cannot claim any benefit. In case, the Government issues any order in favour of physically handicapped employees and petitioner comes within the purview of that he will be eligible for the same.
Accordingly, this writ petition is
dismissed.
Sd/P.V.ASHA JUDGE
WW
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE CERTIFICATE NO.26397/13 DATED 04.09.2012 ISSUED FROM THE GENERAL HOSPITAL, THIRUVANANTHAPURAM. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE JUDGMENT DATED 20.2.2013 IN W.P.(C) NO.16708/2009 OF THIS HON'BLE COURT. |
| EXHIBIT P3 | TRUE COPY OF THE GOVERNMENT ORDER G.O(P) NO. 897/96/FIN DATED 08.11.1996. |
| EXHIBIT P4 | TRUE COPY OF THE REQUEST DATED 29.5.2017 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM. |
| EXHIBIT P5 | TRUE COPY OF THE PENSION PAPERS OF THE PETITIONER SHOWING THE SERVICE FROM 22.12.2008 TO 24.06.2013. |
| EXHIBIT P6 | TRUE COPY OF THE OFFICIAL MEMORANDUM VIDE NO. D-8238/17 DATED 12.6.2017 ISSUED FROM THE DISTRICT COURT, THIRUVANANTHAPURAM. |
| EXHIBIT P7 | TRUE COPY OF THE REPRESENTATION DATED |
| 11.07.2017 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. |
|
| EXHIBIT P8 | TRUE COPY OF THE JUDGMENT DATED 08.11.2017 IN W.P.(C) NO.35788/2017 OF THIS HON'BLE COURT. |
| EXHIBIT P9 | TRUE COPY OF THE GOVERNMENT ORDER G.O.(P) NO.4796/2018/FIN DATED 06.06.2018. |
2 issues framed by the court
Whether a physically handicapped employee appointed on a provisional basis through the Employment Exchange is eligible for pension with a reduced qualifying service period under Rule 11 of the Kerala
Whether service rendered on a temporary basis through the Employment Exchange qualifies under Government Order No. 897/96/FIN dated 08.11.1996 for pension benefits.
2 provisions across 2 enactments
C. Rajasekharan
State of Kerala
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
