Point of Law : Rule 5 is an exception to said scenario and it is an “act of grace” on part of Government to be considered only in deserving and rare cases.

JUDGMENT :

Alexander Thomas, J.

The unsuccessful applicant in O.A No.1716/2020 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram Bench, has instituted the instant Original Petition under Articles 226 & 227 of the Constitution of India with the following prayers :

“i) To set aside the order dated 9.12.2021 passed by the Kerala Administrative Tribunal, Thiruvananthapuram in O.A.No.1716/2020 holding that Tribunal had failed to exercise the jurisdiction in a judicial way appreciating the dictum laid by the Hon'ble High Court in various decisions and hence allow the Original Petition (KAT) directing to grant pension and other pensionary benefits to the petitioner forthwith;

ii) To issue such other direction or order which deem fit for the facts and circumstances of the case, set aside the order of Kerala Administrative Tribunal, Thiruvananthapuram in O.A.No.1716/2020 dated 9.12.2021 and allow the Original Petition (KAT) directing this respondent to disburse the pension and pensionary benefits to the petitioner.

iii) Petitioner be granted such further reliefs as are appropriate and incidental to this Original Petition.”

2. Heard Sri.R.Anilkumar, learned counsel appearing for the petitioner in the O.P/applicant in the O.A and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents in the O.P/respondents in the O.A.

3. The prayers in the instant Ext.P-1 Original Application, O.A No.1716/2020 are as follows :

“(i) To direct the respondents to reckon the entire service of the applicant from the date of his initial appointment for the purpose of reckoning qualifying service for Pension, DCRG, Pay Revision benefits, increments, leave surrender and other allowances and disburse the monetary benefits to him forthwith.

(ii) To issue such other orders or directions as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

4. The Tribunal after hearing both sides, has rendered the impugned Ext.P-2 final order dated 09.12.2021, dismissing O.A No.1716/2020 on the ground that no interference is called for with the impugned order passed by the Government, rejecting the claim of the petitioner for compassionate allowance.

5. A brief recital of the facts of this case would be pertinent.

The petitioner in the O.P will be referred for convenience as the 'original applicant/applicant'. The applicant was initially appointed as the Primary Department (PD) Teacher in Government schools on 07.08.1962. Later, disciplinary action was taken against him and he was ordered to be removed from service, for unauthorized absence, i.e. refusal to rejoin service after expiry of Leave Without Allowance (LWA) availed by him. So, by Annexure A-2 order, the District Education Officer had ordered his removal from service on 01.06.1978. So, the length of service of the applicant in Government school as a Primary Department Teacher, is for the period from 07.08.1962 to 01.06.1978 (9 years 6 months & 25 days). Long after his dismissal from service, as per Annexure A-2 dated 01.06.1978, the applicant had made an application before the respondents seeking for grant of compassionate allowance in terms of Rule 5 of Part-III KSR. This was rejected by the 3rd respondent-Director of Public Instructions (presently Director of General Education), as per Annexure A-3 order dated 11.01.2011, on the ground that since the applicant does not have the minimum qualifying service for grant of minimum pension and hence, he is not eligible for compassionate allowance in terms of Rule 5 Part-III KSR. Thereafter, the applicant had put up another claim contending that he had prior provisional service and if the said provisional service is also tagged along with the regular service, as above, then the same would render him eligible for minimum qualifying service for sanction of compassionate allowance, etc. and the said request has also been rejected by Annexure A-7 dated 10.01.2018, issued by the 1st respondent-State Government.