CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, an advocate clerk, has filed the captioned writ petition, contending that he started to work as an advocate clerk in the year 1970 with the office of late Sri.A.Gourisankar, Advocate, Palakkad, and that after the death of the afore lawyer, he continued to function as a registered clerk in the office continued by the juniors. He states that once the Kerala Advocates' Clerks Welfare Scheme Rules, 1985, was introduced during January, 1985 (hereinafter referred to as the 'Rules', for short), the petitioner obtained registration thereunder. It is his further contention that he paid his subscription under the Scheme till July, 2004, when he realised that with reference to the provisions of Rule 4(2), he was entitled to retire having completed 30 years of service with reference to the commencement in the year 1970. In such circumstances, the petitioner sought for the benefits pursuant to the Scheme by making an appropriate application before the 2nd respondent herein, and pursuant to Ext.P4, dtd. 27/11/2018, the petitioner states that only an amount of Rs.1200.00 is sanctioned to him, quite contrary to the provisions of the Scheme, as per which he was entitled to an amount of Rs.10,000.00.

(2.) I have heard Sri.Geen T.Mathew, the learned counsel for the petitioner as well as Smt.K.P.Jayasree, the learned counsel for the 2nd respondent herein.

(3.) The sustainability or otherwise of the calculation made pursuant to Ext.P4 as regards the petitioner herein is the issue arising for consideration in this writ petition.