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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
KERALA WATER AUTHORITY – Appellant
Versus
K.R.VIJAYAKUMAR – Respondent
Headnote: Read headnote
ORDER
This review petition is filed against the judgment dated 05.09.2024 in W.P.(C) No. 18006/2023. The writ petition was filed by the respondent herein contending that he is entitled to get reckoned the prior provisional service rendered by him in the Command Area Development Authority (CADA) along with his service rendered in the Kerala Water Authority (KWA) for the purpose of pensionary benefits. This Court disposed of the writ petition with the following directions:
(i) There will be a direction to the 4th respondent to compute and intimate the petitioner the pro-rata pension contribution arrears relatable to him within a period of one month from the date of receipt of a copy of this judgment.
(ii) On such intimation, the petitioner shall remit the amount with the Kerala Water Authority within a period of one month from the date of intimation.
(iii) On remittance of the pro-rata pension contribution arrears by the petitioner, the Kerala
Provisional service can be counted for pensionary benefits if it was rendered before specific cut-off dates, as established by previous court interpretations.
Provisional service must be counted towards pension if it adheres to previously established legal principles.
The court ruled that daily wage service cannot be counted for pension unless it meets the criteria of 'same category' as defined in relevant government rules.
The main legal point established in the judgment is that statutory provisions supersede executive orders, and the omission of specific entities from statutory rules can be decisive in determining eli....
Past service under ICMR and WHO cannot be counted for pension benefits due to lack of CPF contributions, as per Rule 17 of the CCS (Pension) Rules; distinctions between cases support the dismissal.
Pension is a right earned for past services and should not be denied arbitrarily. It is a deferred payment for past services and is not a bounty or charity.
The main legal point established is that the petitioner, appointed in a Government Aided College prior to 2006 and later as an Associate Professor in a University, is entitled to count prior service ....
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
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