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2006 Supreme(Ker) 878

K.A.ABDUL GAFOOR, K.P.BALACHANDRAN
Babu P K – Appellant
Versus
Chief Engineer Kseb – Respondent


JUDGMENT

Abdul Gafoor, J.

1. The contention of the petitioner in this writ appeal is that the service that he had put in Kerala State Electricity Board before his joining in Government service is also be counted as qualifying service for the purpose of computing pension due from Government on his retirement from the Government service. Pension is payable only on the basis of Rules provided in Part III KSRs, taking into account the qualified service as reckonable in terms of the said Rules. No provision in the said Rules enabling counting the service in the Kerala State Electricity Board for the purpose of grant of pension on retirement from Government service, is brought to our notice. The trump card that the appellant possesses is Annexure-A2 Government Order No. GO (P) 228/2001/Fin. Dated 02/02/2001 which indicates that the Government intends to add a note to R.20 Part III KSRs. Such a note is not yet notified. The said Government Order in its last sentence provides that "The formal amendments to Part III KSRs. will be issued separately". This Annexure-A2 is not an amendment to the Rules but only an intention to amend the Rule. The formal amendment is not yet incorporated. Even if

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