PRABHAKARAN N T Vs. ADDITIONAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The appeal is filed against judgment of the learned Single Judge declining Appellant's demand for pension from State Government wherefrom he resigned in the year 1972. The Appellant's case is that after working in different departments like Judiciary and Co-operative Department in the clerical cadre under the State Government, he got direct recruitment as an Officer in ICAR which is an autonomous body under the Central Government. Therefore, he left his service with the State Government by resigning and joined the new employer wherefrom he retired on superannuation. When pension was granted to him by ICAR, his service in State Government was not counted and therefore, Appellant filed application before the Central Administrative Tribunal for pensionary benefit from ICAR reckoning his service in State Government. Even though CAT allowed the claim, on petition by ICAR to this Court, a Division Bench of this Court held that Appellant is not entitled to reckon his service in State Government for the purpose of pension from ICAR. The Appellant appears to have accepted this judgment. However, thereafter he has taken up the matter with the State Government for grant of separate pension for the period of service he had with the State Government under various Departments. The claim was based on Rule 29(b) of Part III of Kerala Service Rules. The learned Single Judge declined to grant relief and consequently this Writ Appeal is filed. We have heard counsel appearing for the Appellant and the Government Pleader for Respondents.

(2.) As already stated above, Appellant is a pensioner from ICAR after serving that organisation from 1972 till the date of superannuation. The question to be considered is whether he is entitled to claim pension for the period of service he had under various departments in the State Government, which according to the Appellant is around 14 years. Rule 29 of Part III of Kerala Service Rules under which claim is made is as follows: