M.R.SHAH, A.S.BOPANNA
VALSAN P. – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
A.S. Bopanna, J.
1. The appellant is before this Court in this appeal, assailing the order dated 21.05.2019 passed by the learned Division Bench of the High Court of Kerala at Ernakulam in OP (KAT) No.468 of 2017 titled, The State of Kerala and Others. Vs. Valsan P. By the said order the learned Division Bench has allowed the OP and set aside the order dated 14.11.2016 passed by the Kerala Administrative Tribunal, Thiruvananthapuram (for short ‘KAT’) in O.A. No.975 of 2015.
The KAT had through the said order allowed the application granting the benefit of pension by condoning the period of break in service, as being permissible in the circumstance.
2. The undisputed facts are that the appellant worked as a Technician in the Telecom Department during the period 05.02.1974 to 31.05.1984. The appellant thereafter joined as an Engineer in Steel Industries Limited, Kerala (for short ‘SILK’) on 04.06.1984. The said SILK is a Public Sector Undertaking (for short ‘PSU’) owned by Government of Kerala. He worked there till 31.05.1987. Subsequent thereto, through the Public Service Commission, the appellant joined the Technical Education Department on 31.05.1987. He served for about 19
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