Babu Mathew P. Joseph, J.

This Original Petition has been filed challenging Annexure-1 order of the Kerala Administrative Tribunal dismissing T.A. No. 4786 of 2012 (W.P.(C) No.25526 of 2011) filed by the petitioner.

2. The brief facts necessary for disposing of this Original Petition are stated as follows: The petitioner was appointed as a Lower Division Clerk on 05-02-1976 in the Department of Collegiate Education on the advice of the Kerala Public Service Commission. He had retired from service as a Junior Superintendent on 31-03-2000. Before entering the Government service, he had rendered service as a Lower Division Clerk/Bill Collector in the Municipal Common Service from 13-08-1973 to 04-02-1976. He was relieved from the Municipal Common Service on 04-02-1976 for taking up appointment in the Government service. Accordingly, he joined the Government service as a Lower Division Clerk on 05-02-1976 without any interruption in service. His pay and allowances were fixed, as per Government letter No.35383/F3/85/H/Edn. dated 23-07-1987, on the basis of the pay drawn by him in the Municipal Common Service as provided under Rule 159 in Part I of the Kerala Service Rules (for short, the KSR). He preferred representations before the Government for counting the service rendered by him in the Municipal Common Service also as qualifying service for pensionary benefits. But, they were rejected. The challenge against them and the prayer for counting the service in the Municipal Common Service were rejected by the Tribunal by the impugned order. Aggrieved by that order of the Tribunal, the petitioner has preferred this Original Petition.

3. Heard the learned counsel appearing for the petitioner and the learned Senior Government Pleader appearing for the respondents. Lengthy arguments have been advanced by both the sides. We have also perused the records.

4. The petitioner had rendered service in the Municipal Common Service from 13-08-1973 to 04-02-1976. That appointment was a regular one. Without any break in service, he had joined the Government service on 05-02-1976. His pay in the Government service was fixed on the basis of the pay he was drawing in the Municipal Common Service. The Municipal Common Service is also pensionable. The question is as to whether the service rendered by the petitioner in the Municipal Common Service can be reckoned as qualifying service along with the service rendered by him in the Collegiate Education Department for his pensionary benefits. According to the petitioner, his service in the Municipal Common Service is liable to be reckoned as qualifying service for pensionary benefits in the light of various orders issued by the Government and the judicial pronouncements. But, the respondents denied the claim so advanced by the petitioner contending that the Rules existed at the time of retirement of the petitioner do not permit to count his past service in the Municipal Common Service as service qualifying for pensionary benefits. We shall examine.

5. The learned Tribunal dismissed the petitioner's case on the reasoning that the amendment to Rule 20 in Part III of the KSR enabling to count the past service rendered by the Government employees in the Municipal Common Service before joining the Government service as qualifying service for pensionary benefits would apply only to retirements from 02-02-2001 only. The applicant had retired from service on 31-03-2000. Therefore, he is not entitled to the benefit of the said amendment.

6. Chapter II in Part III of the KSR deals with qualifying services. Rule 10 in this Chapter reads as follows:

"10. The service of an employee does not qualify for pension unless he is appointed, his duties regulated, and paid by the Government or under conditions determined by the Government."

Going by this Rule, the petitioner's past service in the Municipal Common Service does not qualify for pension. But, Rule 11 of this Chapter gives power to the Government to declare that a