Kerala High Court
K.Unnikrishna Pillai vs The Travancore Devaswom Board on 21 October, 2022
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO.29497 OF 2022
PETITIONER :-
K.UNNIKRISHNA PILLAI,
WATCHER TDB (RETIRED), RESIDING AT VISHNU BHAVANAM,
EDAVANASSERY, MYNAGAPPALLY P.O,
KOLLAM DISTRICT- 690 519
BY ADV R.RAJASEKHARAN PILLAI
RESPONDENTS :-
1 THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY
DEVASWOM HEADQUARTERS, NANTHANCODE,
THIRUVANANTHAPURAM- 695 003
2 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD
DEVASWOM HEADQUARTERS, NANTHANCODE,
THIRUVANANTHAPURAM- 695 003.
3 THE FINANCE AND ACCOUNTS OFFICER,
TRAVANCORE DEVASWOM BOARD, DEVASWOM HEADQUARTERS,
NANTHANCODE, THIRUVANANTHAPURAM-695 003.
BY ADV SRI.C.K.PAVITHRAN, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.29497 OF 2022
-: 2 :-
JUDGMENT
Dated this the 21st day of October, 2022 This writ petition is filed seeking the following reliefs :-
"(i) Issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P5 as illegal and arbitrary.
(ii) Issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to pay the pension and pension arrears and DCRG with 12% interest from 1.6.2021 till the date of payment to the petitioner."
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Travancore Devaswom Board.
3. It is submitted by the learned counsel for the petitioner that the petitioner had been appointed as Part time Kazhakam on 17.7.1986 and he entered service in the Amachira Devasom in Thevalakkara Sub Group of Karunagappally Group under the Travancore Devaswom Board. While so, he was granted promotion as Full Time Kazhakam on 1.7.1990. From 1.7.1990 to 31.10.1991 the petitioner was working as Departmental Nominee in a Karazhma post in the WP(C) NO.29497 OF 2022 -: 3 :- Puliyankulangara Devaswom. It is submitted that the petitioner retired from service on 31.5.2021 while working as Watcher in the Chirakkara Devaswom. The learned counsel for the petitioner submits that Exts.P2 and P3 would show that the service of the petitioner as Departmental Nominee has been regularised and entered in his service book. However, after he retired from service, Ext.P5 proceedings had been issued by the Accounts Officer seeking a clarification from the Board whether the period from 1.7.1990 to 1.11.1991 is to be reckoned as regular service. The learned counsel for the petitioner submits that the petitioner has preferred Ext.P7 representation before the Board pointing out the factual aspects of the matter. It is contended that the same has not been answered and that the petitioner has not been paid his retirement benefits by the respondents on account of the issue with regard to the counting of his service as Departmental Nominee in a Karazhma post.
4. A counter affidavit has been placed on record by the 1st respondent. It is admitted that the petitioner entered service on 17.7.1986 and retired on 31.5.2021. It is submitted WP(C) NO.29497 OF 2022 -: 4 :- that on verification of records, some defects were found in the pension and the said defects have been cured and steps for sanctioning and disbursal of pensionary benefits are complete. However, on verification of the pension book and other records, the Accounts Officer had pointed out that the period from 1.7.1990 to 31.10.1991 is recorded as Karazhma service and that clarification was sought with regard to the counting of the said period as qualifying service. It is submitted that for the purpose of time bound higher grade and pay revisions, the regular service of the petitioner is reckoned to have started only from 1.11.1991. It is stated that on the basis of the query raised by the Accounts Officer, Ext.R1(a) remarks of the Finance and Accounts Officer was recorded that the Board has not passed any orders with regard to the counting of the service as Departmental Nominee in a Karazhma vacancy and that therefore, a decision has to be taken by the Board with regard to counting of the said service.
5. Having considered the contentions advanced and in view of the facts as admitted in the counter affidavit, I notice that the petitioner was appointed as Part time Kazhakam in WP(C) NO.29497 OF 2022 -: 5 :- 1986 and was appointed as Full Time Kazhakam on 1.7.1990. From 1.7.1990 to 31.10.1991, the petitioner had admittedly worked as Departmental Nominee in a Karazhma post. If that be so, I am of the opinion that the contention that the said period cannot be reckoned as qualifying service and is to be treated only as Karazhma service cannot be accepted for the simple reason that the petitioner was never a Karazhma employee and that he had been deputed by the Board to work against a Karazhma post as a Departmental Nominee.
In the above view of the matter, I am of the opinion that the opinion raised in Ext.R1(a) communication cannot be accepted. However, in view of the submission made by the learned counsel for the respondents that there are several such cases pending consideration of the Board and that this will have far reaching consequences, there will be a direction to the Board to consider and pass appropriate orders on the issue of counting of service of Departmental Nominees in Karazhma posts and pass a general order on the same, taking note of what is stated above. Appropriate orders shall be passed within a period of two months from the date of receipt of a WP(C) NO.29497 OF 2022 -: 6 :- copy of this judgment. The retirement benefits due to the petitioner shall be appropriately refixed and orders issued and amounts disbursed within a period of two months thereafter. The regular pension, commutation benefits as well as the DCRG of the petitioner shall be calculated and disbursed to him within a period of three months.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Jvt/21.10.2022 WP(C) NO.29497 OF 2022 -: 7 :- APPENDIX OF WP(C) 29497/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 14.7.2008 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER ROC. NO. 15220/08/MISC DATED 19.2.2009 OF THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE REPLY DATED 22.9.2010 FROM THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER NO.1/1/2014 DATED 1.1.2014 OF THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE LETTER DATED 23.3.2022 FROM THE ACCOUNTS OFFICER TO THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER NO.DA.NO.6596/2021/D1, DATED 13.5.2022 OF THE DEVASWOM ACCOUNTS OFFICER Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 27.6.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENT EXHIBITS Exhibit R1(A) TRUE COPY OF THE REMARKS OF FINANCE & ACCOUNTS OFFICER DATED 25.7.2022.