High CourtsSingle Bench(2001) 11 KL CK 0104

Joseph vs State of Kerala and Others

High Court Of Kerala · Decided on 20 November 2001 · Citation: (2002) 1 KLJ 575

HON’BLE JUDGES
Kurian Joseph, J
CASE NUMBER
O.P. No. 2187 of 2001

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Judgment

4 paragraphs · 221 words

Kurian Joseph

1.

Petitioner is aggrieved by Ext.P3 objection taken by the Accountant General on the basis of amended Rule 60(c) of Part I, K.S.R. But that amendment was introduced only with effect from 29-3-1990. Petitioner was granted the benefit of extension under the unamended rule as per Ext.Pl and he continued in service. Since he retired on 31-3-1989, the statutory provision as on that day should govern his case. If as on that day he was eligible for extension under Rule 60(c), Part I, KSR being a national award winner, he is entitled for the benefits of that service also for the purpose of pension and other benefits provided in Ext.P1. Petitioner has filed Ext.P5 representation and the same is pending before the 2nd respondent. There will be a direction to the 2nd respondent to consider Ext.P5 in the light of the observations made above. Appropriate orders in accordance with law shall be passed within two months from the date of production of a coy of this judgment. Steps will be taken to settle the pensionary benefits and the eligible benefits shall be disbursed to the petitioner within three months thereafter.

The original petition is disposed of as above.

The petitioner will produce a copy of this judgment along with a copy of the original petition before the 2nd respondent.