DASAN K.N. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition has been filed challenging Annexure - 1 order of the Kerala Administrative Tribunal dismissing TA No. 4786 of 2012 (WP (C) No. 25526 of 2011) filed by the petitioner.

(2.) The brief facts necessary for disposing of this Original Petition are stated as follows: The petitioner was appointed as a Lower Division Clerk on 05/02/1976 in the Department of Collegiate Education on the advice of the Kerala Public Service Commission. He had retired from service as a Junior Superintendent on 31/03/2000. Before entering the Government service, he had rendered service as a Lower Division Clerk / Bill Collector in the Municipal Common Service from 13/08/1973 to 04/02/1976. He was relieved from the Municipal Common Service on 04/02/1976 for taking up appointment in the Government service. Accordingly, he joined the Government service as a Lower Division Clerk on 05/02/1976 without any interruption in service. His pay and allowances were fixed, as per Government letter No. 35383 / F3/85 / H / Edn. dated 23/07/1987, on the basis of the pay drawn by him in the Municipal Common Service as provided under R.159 in Part I of the Kerala Service Rules (for short, the KSR). He preferred representations before the Government for counting the service rendered by him in the Municipal Common Service also as qualifying service for pensionary benefits. But, they were rejected. The challenge against them and the prayer for counting the service in the Municipal Common Service were rejected by the Tribunal by the impugned order. Aggrieved by that order of the Tribunal, the petitioner has preferred this Original Petition.

(3.) Heard the learned counsel appearing for the petitioner and the learned Senior Government Pleader appearing for the respondents. Lengthy arguments have been advanced by both the sides. We have also perused the records.