KARUPPAN KUNJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition was filed by one Karuppan Kunjan, who retired as a Fitter-II Class from Cochin Port Trust and died during the pendency of writ petition. The additional respondents 2 to 5, who are his legal heirs, are impleaded in the writ petition.

(2.) The writ petition was filed since late Karuppan Kunjan did not get any pensionary benefits. Though he commenced his service as a casual labourer on 03.10.1956, his regular service commenced only on 30.12.1976. He retired from service on 31.12.1985. The regular service to his credit is only 9 years and 2 days. At the relevant time, the benefit of the orders issued under the CCS (Pension) Rules, which provide for the reckoning of 50% of the casual labourer service paid from contingencies towards qualifying service, were not extended to the employees of Cochin Port Trust. Therefore petitioner did not get any pensionary benefits for want of 10 years of qualifying service.

(3.) The respondents have filed a counter affidavit stating that petitioner was not eligible for pensionary benefits since he does not have the requisite qualifying service. It is pointed out that on the basis of subsequent adoption of Rule 14 of the CCS (Pension) Rules, the causal labourers' service can be reckoned to the extent of 50% towards pension.