C K SUBRAMANIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether a pensioner can be denied family pension is one of the interesting questions arising for consideration in this case. Petitioners were recruited through the Employment Exchange on a provisional basis for appointment under the Small Farmers Development Agency on 12-3-1976. The SFD A was abolished in the year 1982 and the District Rural Development Agency was formed. Petitioners were transferred to DRFA. Though the petitioners continued uninterruptedly they were not given the benefits due to the regular employees except the stagnation increment. In the matter of regularisation the petitioners approached this Court in O.P.No. 20212/1996 and consequently they were regularised in service in the Rural Development Department as per Ext. P2 Government order dated 29.9.1998. Since the service benefit were not granted, the matter was again taken up before this Court leading to O.P. No. 24923/1999. The Government thereafter issued Ext.P3 government order dated 23-12-2000, purportedly redressing the grievance of all the provisional employees of DRDA. It is significant to note that altogether there were only 21 such employees. It will be profitable to extract the operative portion of Ext. P3 regarding the benefits conferred on the employees-

(2.) It may be noted that Government passed Ext. P3 order in continuation of Ext. P2 order wherein a policy decision was taken in the matter of regularisation. It will be profitable to refer to the relevant portion in Ext. P2 also so as to gather the intention of the Government.

(3.) Government have carefully considered the views expressed by the Kerala Public Service Commission in the matter. The provisional hands continuing in DRD As have put in a service ranging from 12 to 20 years and have crossed the age limit for entry into any other cadre. Forwant of regularisation of their service, they are not eligible for pension and allied benefits. Having examined all the relevant aspects in a humanitarian angle, Government are pleased to issue the following orders overruling the advice of the Kerala Public Service Commission.