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2021 Supreme(Ker) 23

A. M. SHAFFIQUE, GOPINATH P.
State of Kerala, Represented by the Secretary to Government, General Education Department – Appellant
Versus
K. Abdu Rahiman – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. A.J. Varghese-Sr. G.P
For the Respondent: Sri.P.M.Pareeth, Adv.

JUDGMENT :

Shaffique, J

This appeal has been filed by the State challenging the judgment dated 24.1.2018 in W.P.(C).No.34777/2017. Earlier, by judgment dated 10.1.2020, this Court had dismissed the appeal. But the Government filed a review petition as R.P.No.227/2020 which was allowed as per order dated 27.2.2020. The writ petition has been filed seeking for a direction to compute petitioner's qualifying service for the grant of pension as 22 years 4 months and 26 days, which was allowed by the learned Single Judge.

2. There is no dispute about the fact that the petitioner was having service of 18 years 5 months and 9 days. However, a further addition of 3 years 11 months and 17 days has been made as per Ext.P2 and the total service was calculated as 22 years 4 months and 26 days. The said addition had been made applying Note 3 to Rule 31 of Part III KSR. I.A.No.1/2021 was filed on behalf of the appellants producing three annexures. Annexure A1 is the Government order dated 26.03.2001 by which certain benefits were granted to the teachers who had to be retrenched due to fall in division after completing 7 years of service on or before 15.7.1995 and who were not in service against a re

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