LAWS(KER)-2016-8-78

KRISHNANKUTTY Vs. THE OFFICER COMMANDING

Decided On August 05, 2016
KRISHNANKUTTY Appellant
V/S
The Officer Commanding Respondents

JUDGEMENT

(1.) This writ petition is filed praying for a direction to the respondent to grant pension and other terminal benefits to the petitioner with effect from the date of his discharge form service.

(2.) The petitioner was appointed in GREF on 31-10-1969. Due to reduction in establishment, he was discharged from service on 04-05-1971. In the discharge certificate Ext.P1, the reason stated for his discharge is "Service no longer required. Reduction in establishment". The petitioner's case is that subsequently on reconstitution of GREF he went to rejoin the Force, but he was not allowed to join on account of the fact that he was over aged. In support of his contention he has produced Ext.P4 letter issued on 15-05-1987. In this letter it was stated that all retrenched personnel were given opportunity for re-appointment as per advertisement No.4/82 and 1/83 and all those who had applied for re-appointment pursuing that advertisement within the stipulated period and who were found suitable, were considered for the appointment; since the petitioner did not submit any application pursuant to those advertisements, it was not possible to give him appointment; at the belated stage when he was over aged, it was not possible for the respondent to appoint him by granting any relaxation; the age limit for appointment in GREF is from 18 to 25 years as per the revised Rules.

(3.) The petitioner submits that he is eligible for pension and other retirement benefits on his retirement from GREF.