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2020 Supreme(SC) 505

SANJAY KISHAN KAUL, AJAY RASTOGI, ANIRUDDHA BOSE
V. Sukumaran – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Appellants :K.P. Kylasanatha Pillay, A. Venayagam Balan, V.S. Lakshmi, Advocates
For the Respondents:Nishe Rajen Shonker, Anu K. Joy, Jogy Scaria, Advocates

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. Pension is succour for post-retirement period. It is not a bounty payable at will, but a social welfare measure as a post-retirement entitlement to maintain the dignity of the employee. The appellant has been claiming his entitlement for the last almost 13 years but unsuccessfully, despite having worked with Government departments in various capacities for about 32 years.

The Facts:

2. The controversy emanates from the appellant having worked in these different capacities with two different departments from time to time, albeit continuously. The appellant joined respondent No. 2, Department of Fisheries of the State Government of Kerala as a Casual Labour Roll (for short ‘CLR’) worker on 7.7.1976 in a then pilot project on Pearl Culture, at Vizhinjam, Thiruvananthapuram. He worked upto 29.11.1983 rendering 7 years, 4 months and 23 days of service as a CLR worker whereupon the District Officer, Kerala Public Service Commission (for short ‘KPSC’) advised him to join the Revenue Department, Kannur District as Lower Division Clerk (for short ‘LDC’) on his participation in a direct recruitment process. He accordingly reported for duty on 30.11.1983. On h

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