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2020 Supreme(Online)(KER) 41370

PRINCIPAL SECRETARY TO GOVERNMENT – Appellant
Versus
VIVEKANANDAN V – Respondent


JUDGMENT

ARUN, J.

Original petitions were filed by the State, challenging the orders by which the Kerala Administrative Tribunal allowed the original applications filed by State Government employees, directing service rendered by the applicants in statutory corporations and autonomous bodies, prior to their joining Government service, to be reckoned as qualifying service for the purpose of pension. The Tribunal had allowed the original applications based on the Division Bench decision of this Court in Mohammed Basheer A. v. State of Kerala and others [2014 (4) KHC 658]. In Mohammed Basheer, the Bench made a positive declaration regarding the entitlement of State Government employees to get their past service in autonomous bodies or public sector undertakings, reckoned as qualifying service for the purpose of pension. The declaration was made based on Rules 11 and 20 of Part III KSR read with the relevant Government orders. While considering these original petitions, a Division Bench, made a reference to a larger Bench, noticing that in P.K. Babu v. Chief Engineer, KSEB and others [2007 (1) KLJ 35], a contrary view was taken, finding pension to be payable only on the basis of the rule

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