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2014 Supreme(Ker) 236

THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
T. M. Lailat, Leprosy Inspector – Appellant
Versus
State of Kerala, represented by The Secretary To Government – Respondent


Advocates Appeared:
For the Appellants:Kaleeswaram Raj, Advocate.
For the Respondents: R1 to R3, M.J. Rajasree, Noble Mathew, Sr. Government Pleaders.

Judgment :

Thottathil B. Radhakrishnan, J.

1. Writ petitioners are the appellants. While regularising their service as Leprosy inspectors in the Health service Department, Government ordered that such regularisation can only be prospective and that their past service would not be counted for any service benefits, including pension. Their challenge against such restrictions imposed as per Ext.Pi Government Order was turned down by the learned single Judge. Hence, this appeal.

2. Sri.Kaleeswaramraj, the learned counsel for the appellants, argued that the conditions imposed in the impugned Ext.Pi that regularisation will have only perspective effect and that past service would not be counted for any service benefits including pension, are arbitrary and unreasonable on the facts and circumstances of the case. He criticized such restrictions as amounting to indignation of the appellants, who are marginalised people; their pathetic situation being reflected even in the Government Orders which have ultimately been issued on 'humanitarian' consideration.

3. Per contra, Sri.Noble Mathew, the learned Senior Government Pleader, referred to the decision of the Hon'ble Supreme Court of India in






















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