GIRIJA C. Vs. STATE OF KERALA

JUDGEMENT

(1.) In WP (C) 13434 of 2017, the petitioners challenge Exhibit P49 order dtd. 13/1/2016, issued by the 3rd respondent Kerala Khadi and Village Industries Board, rejecting the claim for counting prior service rendered by Spinning/Weaving Inspectors before regularisation for pensionary benefits. It is stated that the petitioners are retired employees of the Khadi Board, who joined the service between the 1970s and 80s and worked as Spinning Instructors and Weaving Instructors. They were regularised in service from 7/7/1999 through an order issued by the 1st respondent, but the period of service before the date of regularisation was not counted for pension. At the same time, all the petitioners have received gratuity through the order passed by the Controlling Authority under the Payment of Gratuity Act, 1972 by counting the entire service as a qualifying service.

(2.) In WP (C) 3730 of 2021, the petitioners, eight in number, challenge Exhibit P9 Order, dtd. 22/2/2005, issued by the 1st respondent, to the extent it denied reckoning the total service including continuous service rendered before regularisation by the Spinning Instructor/Weaving Instructor for the pensionary benefits and Exhibit P10 dtd. 17/5/2005 issued by the Government of Kerala, Exhibit P11 Government Letter dtd. 6/10/2006 and Ext.P12 Government letter dtd. 17/3/2009. It is stated that the petitioners are retired Spinning and Weaving Instructors from the service of the 3rd respondent Khadi Board. Initially, petitioners 1-6 being aggrieved by the non-reckoning of the total service in computing gratuity, approached this Court by filing WP (C) Nos. 16156/2020, 11502/2020 and 11506/2020 which were disposed of with a direction to reckon the total period of service for payment of gratuity and to pay the outstanding gratuity amount. Petitioners 1, 4 and 5 viz. Smt. Sulatha, Smt. Radha O. and Smt. M N Kuttimani were petitioner Nos. 11, 13 and 14 respectively in WP (C) No. 36274/2005.

(3.) In WP(C) No. 4219 of 2021, the petitioners prayer for a direction for quashing Exhibit P9 Government Order and to quash Exhibit P10 Government Order, Exts.P11 and P12 Government letters by which the request to reckon prior continuous service of Spinning Instructor and Weaving Instructor before regularisation was rejected by the 1st respondent for pensionary benefit. It is stated that petitioners are retired from the service of the 3rd respondent, Khadi Board. They retired as Spinning Instructors. Petitioners 9, 10 and 14 viz. Smt. M.M Padmavathi, Smt. Retnakumari P.K. and Sri. P.P. Mohan Babu was petitioner Nos. 33, 26 and 3 respectively.