Service continuity impacts entitlement to employment benefits under specific settlement provisions.

P.V. BALAKRISHNAN, JJ. ….....................................

W.A.No.1609 of 2024 …............................................................ Dated this the 31^st day of January, 2026 JUDGMENT P.V. Balakrishnan, J This intra-court appeal is filed by the petitioner in W.P.(C)

No.26426 of 2018, challenging the judgment dated 26.06.2024 dismissing his writ petition.

2. The appellant/writ petitioner commenced service as LD Clerk in the Department of Agriculture with effect from 08.01.1992. While serving as UD Clerk in the said department, he was selected by the Kerala Public Service Commission as Junior Assistant/Cashier in KSEB, and he was allowed to join KSEB with effect from 04.09.2001. Subsequently, the KSEB retrenched 14 staffs, including the appellant, citing dearth of vacancies, with effect from the afternoon of 31.07.2003. Thereafter, on the basis of a representation submitted by the appellant to the Director of Agriculture claiming a lien on the post, he was ordered to be reappointed in Agricultural Department, as per Ext.P1 order dated 07.11.2003. Thereafter, the appellant was again given reappointment by the KSEB as per order dated 12.08.2004 and he reported for duty with effect from 13.09.2004, after getting relieved from agricultural department. Later the appellant retired from service on 30.04.2017. According to the appellant, as per Article IV(B)(1) of Ext.P2 settlement of the year 2007, which came into effect from 01.08.2003, those who were in regular service as on 31.07.2003 are entitled to weightage of prior service and the benefit of the same has to be reckoned for fixation of pay and fitment benefits. But his initial pay after reappointment was fixed without reckoning any of the benefits that had accrued to him till then, and the same resulted in serious financial loss to him. Later, as a result of submitting various petitions and appeals to various authorities, the KSEB by Ext.P4 order, ordered to reckon the service of the appellant from 08.01.1992 to 11.09.2002 for pensionary benefits in the Board. It is the case of the appellant that even though his prior service was reckoned for pensionary benefits, he was not granted fixation of pay giving weightage and fitment benefits, in spite of the fact that he was in service of the Board as on 31.07.2003. It is in such circumstances, the appellant filed the afore writ petition seeking the following reliefs:

''I. To issue Writ of Mandamus or other appropriate order or Direction commanding to Respondents to revise the fixation of pay as on 13/09/2004 by extending the weightage and fitment as provided in per Article IV of the long term settlement 2007 in view of the fact that the Petitioner was in service as on 31/07/2003 and to release all consequential benefits including arrears of pay and revised pension.

II. To issue Writ of Mandamus or other appropriate order or Direction commanding to Respondents to release gratuity reckoning his period of service commencing from

08/01/1992 to 30/04/2017.''

3. The learned Single Judge, after considering the materials on record and hearing both sides, dismissed the writ petition.

4. Heard Adv. Sajith Kumar V., the learned counsel for the appellant and Adv. M.K. Thankappan, the learned Standing Counsel for KSEB.

5. The learned counsel for the appellant submitted that as per Ext.P4 order, his entire service in the agricultural department prior to joining the KSEB has been reckoned for computing the pensionary benefits by condoning the break of four days between the two services. He submitted that the very same decision has to be made applicable for reckoning his service benefits also. He argued that as per Ext.P2 se