The main legal point established in the judgment is that 50% of the part-time contingent service in the Panchayat department is eligible to be considered along with the regular service in the Health Services Department for reckoning the qualifying service for pension, as per Rule 14A of Part III KSR and relevant government norms.

JUDGMENT :

The prayer in the afore captioned Original Petition filed under Articles 226 & 227 of the Constitution of India is as follows:-

{See page No. 7 of the paper book of this O.P.(KAT)}.

“....to set aside Ext.P2 order dated 24.05.2019 in O.A.(EKM) No.264 of 2019, on the file of the Honourable Kerala Administrative Tribunal, Additional Bench, Ernakulam by allowing this Original Petition.”

2. Heard Sri. B.Vinod, learned Senior Government Pleader appearing for the petitioners (State of Kerala and four others) in the O.P./respondents 1 to 5 in the O.A. and Sri.Murali Pallath, the learned Advocate appearing for the sole respondent in the O.P./ sole original applicant in the O.A. before the Tribunal.

3. The respondent herein, who is the original applicant, had filed Ext.P-1 original application, O.A.(Ekm) No.264 of 2019 before the Kerala Administrative Tribunal, Ernakulam Bench with the following prayers.{See page No. 20 of the paper book of this O.P.(KAT)}.

“(i) Orders to set aside Annexure A10 and Annexure A12.

(ii) Orders declaring that the applicant is entitled to reckon his part time service from 04.04.2008 to 24.07.2009 for pensionary benefits.

(iii) Orders declaring that the applicant is entitled for 10 years as qualifying service for pensionary benefits reckoning his part time service in the Panchayat department from 04.04.2008 to 06.06.2009 (one year, two months and 3 days) also as qualifying service.

(iv) orders directing the 4th and 5th respondents to revise the pensionary benefits of the applicant by reckoning his part time service in the panchayat department also as qualifying service for pension modifying Annexure A6 and Annexure A6(a) and allow all consequential benefits including commutation amount and arrears of pension.”

4. The Tribunal has, as per the impugned Ext. P2 final order rendered on 24.05.2019 in O.A.No264 of 2019, ordered in paragraph 5 on internal page No.5 thereof that the applicant is entitled to succeed and that 50% of his part time contingent service in the Panchayat department is liable to be considered along with his regular service in the Health Services Department for reckoning the qualifying service for pension and accordingly, impugned order Annexure A-12 has been set aside and the 5th respondent in the O.A., the Accountant General (A&E) Kerala, has been directed to revive Annexures A9, A9(a) and A9(b) orders, i.e. pension payment order, commutation payment order and gratuity payment order and to ensure that the pensionary benefits sanctioned as per the above said orders is disbursed to the petitioner with arrears thereof, within a period of four months from the date of that order. The directions of the Tribunal contained in paragraph 5 Exhibit P-2 are as follows:-

“5. The applicant is therefore entitled to succeed. 50% of the part time contingent service of the applicant in the Panchayat department is therefore eligible to be considered along with the regular service in the Health Services Department for reckoning the qualifying service for pension. Accordingly Annexure A12 order is hereby set aside. There will be a direction to the 5th respondent to revive Annexures A9, A9(a) and A9(b) orders, i.e. pension payment order, commutation payment order and gratuity payment order and to ensure that the pensionary benefits sanctioned as per the above orders is disbursed to the applicant with arrears thereof within a period of four months from the date of receipt of a copy of this order.”

5. The applicant had commenced his service as part time librarian in the Panchayat department on 04.04.2008 and his services were regularized by order dated 17.10.2008. While continuing his service in the Panchayat department, the applicant had secured an inter district/inter department service to the Health Services department where he has joined duty as part time sweeper on 07.06.2009. His service was regularized and thereafter promoted as Hospital Attendant Grade II. He was also granted promotion as Hospital