JUDGMENT

Mohammed Nias, C.P. J., The above O.P. (KAT) is filed by the State of Kerala and the Director of Technical Education, challenging the judgment in O.A.1753/2015 dated 18-6- 2019, that quashed Annexure A5 and A8 orders impugned in the Original Application and declared that the respondent herein is entitled to claim the benefit of the service in the Kerala State Housing Board as qualifying service for pension along with the government service. The said judgment was based on the decision in Mohammed Basheer A. v. State of Kerala and Others [2014 (4) KHC 658].

2. It is now conceded by both sides that the said judgment in Mohammed Basheer (supra) is overruled by the Full Bench in W.A. No. 1291 of 2018. As such, the Original Petition is only to be allowed in favour of the State. However, the learned counsel for the respondents submitted that there were other contentions available to the respondents which was not urged as the Tribunal solely relied on the judgment in Mohammed Basheer (supra) which has since been overruled. In that view of the matter, while allowing the OP (KAT) as above, we make it clear that this shall be without prejudice to the right of the respondents herein to move a review application before the Tribunal if so advised.

This OP (KAT) is allowed as above.

Sd/- A.K.JAYASANKARAN NAMBIAR, JUDGE Sd/-MOHAMMED NIAS C.P., JUDGE ani /true copy/

APPENDIX OF OP(KAT) 289/2020 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE ORDER DATED 20.9.19990 OF THE SECRETARY, KERALA STATE HOUSING BOARD.

ANNEXURE A2 TRUE COPY OF THE ORDER DATED 16.10.2001 ISSUED BY THE 2ND RESPONDENT.

ANNEXURE A3 TRUE COPY OF THE GO DATED 6.11.2016 ISSUED BY THE IST RESPONDENT.

ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED

4.11.2008 SUBMITTED BY THE APPLICANT.

ANNEXURE A5 TRUE COPY OF THE ORDER DATED 19.7.2012 ISSUED BY THE 2ND RESPONDENT.

ANNEXURE A6 TRUE COPY OF THE REPRESENTATION DATED

25.9.2014 SUBMITTED BY THE APPLICANT.

ANNEXURE A7 TRUE COPY OF THE COVERING LETTER DATED

30.10.2014.

ANNEXURE A8 TRUE COPY OF THE ORDER DATED 13.2.2015 ISSUED BY THE IST RESPONDENT.

ANNEXURE A9 TRUE COPY OF GO DATED 24.9.2014.

EXHIBIT P1 TRUE COPY OF THE OA NO.1753/2015 ALONG WITH ANNEXURE A1 TO ANNEXURE A9 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL.

EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT ON 23.6.2016.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 18.6.2019 PASSED BY THE TRIBUNAL IN O.A.1753/2015.

EXT: R(a) True copy of Order No. EC2/2563/07/DTE dated 18-09-2007 issued by the Director of Technical Education, Thiruvananthapuram EXT. R(B) TRUE COPY OF RELIEVING ORDER BEARING HBO NO.121/AdII (c) 16629/2001 dated 14-3-

2002 issued by the Secretary, Kerala State Housing Board, Thiruvananthapuram