V GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) IN all these cases, the petitioners are aggrieved since their casual labour service prior to the status of permanency is not counted as qualifying service for the purpose of pension and pensionary benefits. Rule 4(e)(iii) of the Agriculture Departmental Farm Workers Pension Rules reads as follows :-

(2.) LEARNED Government Pleader submits that the casual service can be counted only in the case of those workers who do not have the minimum qualifying service of ten years/5 years for the purpose of pension and gratuity respectively. I am afraid, the contention cannot be appreciated. The rules do not give any such indication to the effect that the casual service is to be counted only in the case of those workers who do not have the minimum service of 10 years/5 years, as the case may be. Since the case of each petitioner has to be examined on the basis of facts, the writ petitions are disposed of as follows :- The petitioners are free to approach the controlling officer by way of an appropriate representation within two months from today. The said officer, on verification of the records will take appropriate action, in case the casual labour service claimed by the said petitioners have not been counted as qualifying service for the purpose of pension/gratuity, within another two months. The question of interest is left open.