The supervisory jurisdiction under Article 227 allows intervention only in cases of patent error or injustice, not for correcting all Tribunal errors.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &

THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.

MONDAY, THE 1 ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947 OP(KAT) NO. 36 OF 2025 AGAINST THE ORDER DATED 18.09.2019 IN OA NO.1728 OF 2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER/APPLICANT:

MUHAMMED HASHIM.S, S/O SHAMSUDEEN SAL SABEER, AGED 63 YEARS VIP PARAMUTTOM, NEDUMANGAD P.O. THIRUVANANTHAPURAM, PIN - 695541 BY ADVS.SRI.M.R.SARIN SRI.P.SANTHOSHKUMAR (KARUMKULAM)

SMT.PARVATHI KRISHNA SHRI.KARUNA SANKAR RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT. DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 THE DEPUTY DIRECTOR OF PANCHAYATHS, CIVIL STATION, KUDAPPANAKUNNU P O, THIRUVANATHAPURAM, PIN - 695043 SRI. B. UNNIKRISHNA KAIMAL, SR. GP THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 01.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

The petitioner is the applicant in O.A.No.1728 of 2019 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram, which was one filed invoking the provisions under Section 19 of the Administrative Tribunals Act , 1985, seeking an order directing the 2^nd respondent Deputy Director of Panchayats to consider and pass orders on Annexure A2 representation dated 21.05.2019 made by the petitioner-applicant requesting to reckon his prior service for the period from 01.06.2017 to 15.12.2018, along with the qualifying service as a Full Time Sweeper in the Panchayat Service, for granting pensionary benefits. The Tribunal by Ext.P2 order dated 18.09.2019 dismissed the original application, for the reasons stated therein.

2. Challenging Ext.P2 order dated 18.09.2019 of the Tribunal in O.A.No.1728 of 2019, the petitioner-applicant is before this Court in this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India.

3. Heard arguments of the learned counsel for the petitioner-applicant and also the learned Senior Government Pleader for the respondents.

4. The issue that requires consideration in this original petition is as to whether any interference is warranted on Ext.P2 order dated 18.09.2019 of the Tribunal in O.A.No.1728 of 2019, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. Paragraphs 6 and 7 of the order dated 18.09.2019 of the Tribunal read thus;

“6. On consideration of facts, it is noted that the qualifying service of the applicant was less than the service required for minimum pension. Applicant entered service as a Part Time Sweeper on 17.06.2011 and was appointed as Full Time Sweeper on 10.02.2014. As on the date of retirement, i.e., 31.05.2017, the applicant had Part Time Contingent Service of less than 3 years from 17.06.2011 to 10.02.2014, 50% of which was to be added to the regular service for reckoning the qualifying service for pension as per Rule 14A of Part III KSR. On adding the 50% of the contingent service to the regular service (10.02.2014 to 31.05.2017, i.e., 3 years 2 months and 21 days) the total qualifying service was less than 10 years and the applicant was only eligible for an ex-gratia pension which is already sanctioned. The applicant it is noted has been sanctioned ex-gratia pension of Rs.4250/- and family pension of Rs.1275/- and an amount of Rs.54,150/- has been authorised towards the DCRG.

7. The period during which the applicant continued in service beyond the date of superannuation cannot be reckoned for pensionary benefits. The retirement of the applicant is governed by the provisions of Rule 60 Part I KSR and G.O.(P) No.178/2018/Fin. dated 16.11.2018 and the continuation beyond 56 years was under the National Pension Scheme. It is also noted that even if the period from 01.06.2017 to 15.12.2018 is reckoned along with the qualifying service, the applicant still lacks minimum qualifyi