SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1996 Supreme(Ker) 252

K.A.ABDUL GAFOOR
Balakrishna Pillai – Appellant
Versus
Asst. Executive Engineer – Respondent


Judgment :-

K.A. Abdul Gafoor, J.

The issue raised in this Original Petition is whether a temporary Government servant appointed under R.9(a)(1) of the General Rules in Part II of the Kerala State and Subordinate Service Rules is entitled to pensionary benefits, including monthly pension, commuted value of pension and death cum retirement gratuity, on his retirement on superannuation at the age of 55 years, if he had more than 10 years of service to his credit. As per R.57 of Part III KSR persons with minimum service of 10 years service are entitled to pension. The petitioner was appointed on provisional basis under R.9(a)(1) of the general Rules in Part II of KS & SSR on 25.5.1982. His appointment was for a period of 179 days. He filed O.P. No. 8883/82 seeking the benefit of Chapter V-A of the Industrial Disputes Act. Based on the Full Bench decision in Umayammal v. State of Kerala (1982 KLT 829) his original Petition was disposed of with the direction that termination of his temporary service will have to be governed by Chapter V-A of the Industrial Disputes Act, except of course so far as may be necessary to accommodate those advised by the Public Service Commission. Ext. P1 is t














Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top