SADANANDAN, AGED 60 YEARS, S/O. RAMAN, KUNNATHIL HOUSE, NANMINDA P.O., KOZHIKODE 673613 (COOK RELIEVED ON SUPERANNUATION) Vs. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, FISHERIES & PORTS (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001

JUDGEMENT

(1.) The petitioner is the applicant in T.A. No. 7552/2012 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram. He originally filed W.P.(C) No. 7693/2011 before this Court mainly seeking for a writ of certiorari to quash Ext.P11 order and a writ of mandamus commanding the 1st respondent to regularise his service as a Cook under the 2nd respondent for the period from 14.1.1983 to 31.5.2008 for the purpose of pensionary benefits. The said writ petition was later transferred to the Tribunal, where it was re-numbered as T.A. No. 7552/2012.

(2.) The reliefs sought for in the Transfer Application were opposed by the 1st respondent by filing Annexure A3 counter affidavit. The petitioner has also filed Annexure A4 rejoinder. After considering the rival contentions, the Tribunal held in Annexure A1 order that, the petitioner is not eligible for regularisation of his service since his appointment is only a provisional appointment made under Rule 9(a)(1) of the Kerala State and Subordinate Service Rules (hereinafter referred to as 'the KS & SSR') and as such, there is nothing wrong in Ext.P11 Government order. However, considering the fact that the petitioner is having more than 20 years of service, the Tribunal disposed of the Transfer Application by directing him to submit a representation before the 1st respondent for ex-gratia pension, in the light of the Full Bench decision of this Court in State of Kerala Vs. M. Daisy (2012 (3) KLT 366) and the said respondent was directed to consider and pass appropriate orders thereon within three months from the date of receipt of a copy of the order.

(3.) Feeling aggrieved by Annexure A1 order passed by the Tribunal, to the extent of declining regularisation of service for the period from 14.1.1983 to 31.5.2008, the petitioner is before this Court in this Writ Petition.