V. SUKUMARAN Vs. STATE OF KERALA
SUPREME COURT OF INDIA
STATE OF KERALA
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SANJAY KISHAN KAUL, J. -
(1.)Pension is succour for post-retirement period. It is not a bounty payable at will, but a social welfare measure as a post-retirement entitlement to maintain the dignity of the employee. The appellant has been claiming his entitlement for the last almost 13 years but unsuccessfully, despite having worked with Government departments in various capacities for about 32 years.
(2.)The controversy emanates from the appellant having worked in these different capacities with two different departments from time to time, albeit continuously. The appellant joined respondent No. 2, Department of Fisheries of the State Government of Kerala as a Casual Labour Roll (for short 'CLR') worker on 7.7.1976 in a then pilot project on Pearl Culture, at Vizhinjam, Thiruvananthapuram. He worked upto 29.11.1983 rendering 7 years, 4 months and 23 days of service as a CLR worker whereupon the District Officer, Kerala Public Service Commission (for short 'KPSC') advised him to join the Revenue Department, Kannur District as Lower Division Clerk (for short 'LDC') on his participation in a direct recruitment process. He accordingly reported for duty on 30.11.1983. On having rendered a few years of service, the appellant sought an inter-departmental transfer from the Revenue Department back to the Fisheries Department and returned to Thiruvananthapuram and joined on 18.9.1987 on probation of two years with the service being subsequently regularised on 18.9.1989. The appellant earned his promotion as Upper Division Clerk (Higher Grade) (for short 'UDC') from which post he retired on attaining the age of superannuation on 31.12.2008. The total service rendered by the appellant was about 25 years, but excluding the service as CLR.
(3.)In order to ameliorate the financial remuneration for CLR and Seasonal Labour Roll (for short 'SLR') posts, the State Government passed a slew of Government Orders (for short 'G.O.') from time to time and that is what gave hope and cause of action to the appellant as he sought the benefits under the same.
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