MOHANA KUMAR K P Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who retired from service, while working as a UD Clerk on deployment in the office of the Tahsildar, Kozhikkode, has filed this writ petition challenging the orders Exts.P9 and P17 to the extent he is excluded from the purview of those orders while all others who were redeployed along with him are benefited.

(2.) The petitioner commenced his service in the erstwhile Malabar Market Committee ("the MMC" for short). On promotion in 1983, he had been working as Supervisor. Whileso, the MMC became defunct. The Government thereafter issued Ext.P3 order redeploying the employees of the MMC in Government Departments as per order dated 9.8.2004. There were 58 employees in the MMC. Out of them 40 were redeployed in various offices under the Government in the post of LD Clerk/UD Clerk. Employees who were working as Clerk and Supervisor were redeployed in the vacancies of LD Clerk/UD Clerk. 12 persons, who were working in the categories of Road Mesthiri, Market Mesthiri and Peon, were reappointed in the post of Peon. Four persons, who were working as Watchman and Sweeper, were redeployed in the respective posts. Redeployment was on five conditions stipulated therein. It was specifically stated that they will be continued to be governed by the service conditions of the MMC and they would not be eligible for any benefits available for Government servants. At the same time, it was directed that they will retire from service on completion of 55 years of age. Government was free to relieve them/repatriate them to MMC. It was also stated that redeployment would be purely provisional and it would not entitle them to claim for enhancement of pay or regularization in future. The pay and allowances were fixed as the last pay they were drawing from the MMC.

(3.) As per Ext.P4 order dated 20.9.2004, petitioner was deployed in the office of the Executive Engineer, National High Way as UD Clerk. Thereafter, as per Ext.P7 order dated 5.1.2005 he was redeployed in the office of the Tahsildar in the Revenue Department. While so he retired from service on 31.5.2006. Subsequent to his retirement, the Government issued Ext.P9 order on 17.11.2007 regularizing the employees redeployed from MMC. The Government considered the question of regularization of those who were deployed from the MMC. The District Collector reported that there were only 53 persons who were then working in various Government offices. Government therefore issued orders on 17.11.2007 that those who were deployed should stand regularized on condition that their service in the office under the Government would not be reckoned for the purpose of pension and they would be entitled to pension in accordance with the conditions which prevailed in the MMC. It was also stated that they would be entitled to pension which is more beneficial that is service pension/pension from the MMC. It was further ordered that claims for pension or for family pension or pension revision in MMC would not be considered.