K.A.ABDUL GAFOOR
Balakrishna Pillai – Appellant
Versus
Asst. Executive Engineer – Respondent
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
Distinguished: JT 1995 (6) SC 665 & AIR 1995 SC 370
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.