Govt. Letter, cannot override Government Order issued with the executive power of the Government, in the name of the Governor.

Prayer in the writ petition is to call for the records on the file of the first respondent in connection with the order passed by him in his proceedings Lt.No. 36439/E4/2005 dated 12.12.2005 and quash the same and direct the respondents to count half of the non-provincialised service of the petitioner from 1.3.1985 to 1.1.2000 for the purpose of repayment of all the terminal benefits including the commutation of pension, pension arrears and monthly pension with 18% interest per annum.

2. Petitioner was selected and appointed to the post of part-time Panchayat Assistant on 1.3.1985 and was regularly appointed as such with effect from 1.1.1991. On 1.1.2000, he was appointed as Junior Assistant and then promoted to the post of Assistant on 14.3.2004. He retired from the service on 31.5.2005 and applied for pension, counting the period during which he served as Panchayat Assistant from 1.3.1985 to 1.1.2000. But, the second respondent rejected the request by order dated 6.4.2005 relying upon the Government Letter No.10973/Pension/2000-1, Finance Department, dated 4.10.2000. Petitioner challenged the said order in W.P.No.6537 of 2005 and this Court by order dated 25.7.2005 passed the following order:

“4. Petitioners grievance is that G.O.Ms. No.118, Finance (Pension) Department, dated 14.2.1996, has not been taken for consideration, while passing the impugned order.

5. Without going into the merits of the contention of the petitioner, it is sufficient to direct the first respondent to consider the claim of the petitioner in the light of the said G.O., and pass appropriate orders, in accordance with law and on merits, within a period of eight weeks from the date of receipt of a copy of this order.”

Thereafter the first respondent passed the impugned order in Letter No.36439/E4/2005, dated 12.12.2005 stating that G.O.Ms.No. 118 Finance (Pension) Department, dated 14.2.1996 cannot be applied in favour of the petitioner in view of the Government Letter No. 10973/Pension/2000-l, Finance Department, dated 4.10.2000, wherein it is clarified that the service rendered under the Village Panchayat Boards cannot be counted as qualifying service for the purpose of calculating pension. The said order is challenged in this writ petition.

3. The learned counsel appearing for the petitioner argued that the petitioner is having more than 20 years of total service and the period from 10.3.1985 to 1.1.2000 is bound to be counted for the purpose of arriving at pension apart from the period from 1.1.2000 to 31.5.2005. The learned counsel further argued that the respondents have no jurisdiction to rely upon the Government letter dated 4.10.2000 in the impugned order for rejecting the claim of the petitioner since G.O.Ms.No. 118 dated 14.2.1996 creates a right in favour of the petitioner to count 50% of the service in the Village Panchayat as pensionable service and if the same is counted, petitioner will be having more than 10 years of pensionable service till his retirement on 31.5.2005 and therefore the respondents are bound to sanction pension from 1.6.2005.

4. The learnedGovernment Advocate, on instructions submitted that G.O. Ms. No.118 dated 14.2.1996 cannot be applied for the petitioner in view of the clarification issued by the Government in its Letter dated 4.10.2000 and therefore the impugned order rejecting the request of the petitioner to count his service in the Village Panchayat is illegal and valid.

5. I have considered the rival submissions made by the learned counsel appearing for the petitioner as well as the learned Government Advocate for the respondents.

6. The point in issue is whether the petitioner is having more than 10 years of pensionable service for sanction of pension and whether he is entitled to get sanction of pension from 1.6.2005.

7. It is the admitted case that the petitioner was appointed as a part-time Panchayat Assistant from 1.3.1985 and was regularly appointed in the said post with effect from 1.1.