VASU PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition has been referred to the Division Bench as it involves an important question of interpretation of R.14A Part.3 of the K.S.R. Petitioner commenced his career as a Part-time Contingent Menial Employee. In course of time, he attained the status of Full Time Contingent Employee. He was later on absorbed in regular service on 2-1-1963. He attained the age of superannuation and retired from service on 31-1-1985. Even before the petitioner retired from service, he requested the Deputy Director of Education to take into account 50 per cent of the part-time service rendered by him for the purpose of determining the pension payable to him on attainment of superannuation. The Deputy Director of Education did not agree with the stand taken by the petitioner and conveyed bis decision as per Ext. P2 dated 10-7-84. He has stated therein that the part-time service of the petitioner was from 17-7-1947 to 21-1-1963 and full-time menial service was from 3-1-1963. He has further stated that if half of the part-time service of the petitioner is allowed to be counted for the purpose of determining the pension payable to the petitioner, he will be eligible for full pension for which special Government Order has to be obtained. In other words, in the normal circumstances the petitioner would not be entitled to count any portion of the part-time contingent service rendered by him for the purpose of quantifying the pension payable to him. It is in this background that the petitioner has approached this court under Art.226 of the Constitution.

(2.) The principal contention of Shri K. Sudhakaran, the learned counsel for the petitioner, is that on a proper construction of R.14-A of Part.3 of the Kerala Service Rules the only reasonable inference possible is that part-time contingent service is required to be taken into account to the extent of 50 per cent of the contingency service for purposes of pension. It is, therefore, clear that the decision rests entirely on the interpretation of R.14A of Part.2 of the K.S.R. which proceeds as follows;