STATE OF KERALA Vs. JOSE CYRIAC

JUDGEMENT

(1.) The short issue in this case is the eligibility of the respondent-applicant who retired from the Commercial Taxes Department as Inspecting Assistant Commissioner on 31/10/2013 to reckon his prior service with the Rubber Board, a public sector autonomous body under Government of India, for pro rata pensionary benefits. The Kerala Administrative Tribunal (KAT) answered in favour of the respondent-applicant. It is challenging this order that the State has come up with this original petition.

(2.) The respondent-applicant joined the Commercial Taxes Department as Assistant Sales Tax Officers on 30/10/1991. He had worked in the Rubber Board from 9/2/1984 to /10/1991. Thus, he had 7 years, 8 months and 21 days service in the Rubber Board.

(3.) Under Rule 11 of Chapter II, Part III of the Kerala Service Rules (KSR), the Government is competent to declare that any specified kind of service rendered shall qualify for pension. The Government of Kerala as early as on 31/3/1987 issued an executive order that the Government employees who had prior service in Government of India/Autonomous Body, are allowed to count former service towards pension. Under note-2 to Rule 11 of Part III KSR, this benefit was statutorily recognised with effect from 12/11/2002. Thereafter, an amendment was brought on 22/11/2010 omitting Central Public Sector Undertakings from the ambit of note-2; it is appropriate to refer note-2 as stands now: