State Of Kerala vs P. Haridasan on 27 February, 2019
Petitioner, initially worked with the Central Government for
the period from 29.08.1986 till 03.11.1989. Thereafter, he was
appointed at the S.B. College, Changanacherry, as a Lecturer,
though in a leave vacancy, with effect from 09.11.1989. He
continued in the afore leave vacancy till 31.10.1990. Later, he
was appointed to a substantive vacancy in the very same
College, with effect from 20.06.1991, and continued in service
till 28.02.2016, on which day he superannuated. The petitioner
prayed for reckoning his prior Central Government service,
noticed as above, for the purpose of pensionary benefits, etc.
By Ext.P4 dated 06.12.2022, the petitioner was informed that,
insofar as there was no mobility between the Central
Government Service and the State Government service, the
prayer of the petitioner could not be considered. This decision
was further challenged by filing Ext.P5 representation dated
12.12.2022, before the Government. Pursuant to the directions
of this Court in Ext.P6 judgment dated 09.01.2023, in W.P.(C)
No.480 of 2023, the Government was directed to consider and
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pass orders on the afore application, with specific reference to
the principles laid down in State of Kerala v. Haridasan
[2015(2) KLT 145 (FB)]. Pursuant to the afore direction, by
Ext.P7 order dated 08.06.2023, the Government took the stand
that since the petitioner joined in a leave vacancy in the
S.B.College, Changanacherry, for the period from 09.11.1989
till 31.10.1990, the prayer could not be accepted with reference
to the provisions of Rule 29(b) Part-III Kerala Service Rules
(KSR). The petitioner challenged Ext.P7 by filing the captioned
writ petition, also placing reliance on Ext.P8 Government Order
dated 24.09.2014. This Court, originally, by a judgment dated
20.06.2024, accepted the claim made by the petitioner, taking
into account the Government Order at Ext.P8 as well as Ext.P9
judgment dated 21.02.2023 in W.P.(C) No.42406 of 2022.
However, the Government filed a review petition (R.P. No.1135
of 2024) before this Court, pointing out that the break period
could not be taken into account for the reason that there was a
break in service for the period from 01.11.1990 to 19.06.1991.
Taking note of this, by judgment dated 15.11.2024 in R.P.
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No.1135 of 2024, this Court recalled the judgment disposing of
the writ petition for fresh consideration. It is in such
circumstances that the captioned writ petition has been posted
before me.