VALSAN P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is before this Court in this appeal, assailing the order dated 21.05.2019 passed by the learned Division Bench of the High Court of Kerala at Ernakulam in OP (KAT) No.468 of 2017 titled, The State of Kerala and Others. Vs. Valsan P. By the said order the learned Division Bench has allowed the OP and set aside the order dated 14.11.2016 passed by the Kerala Administrative Tribunal, Thiruvananthapuram (for short 'KAT ') in O.A. No.975 of 2015.

(2.) The undisputed facts are that the appellant worked as a Technician in the Telecom Department during the period 05.02.1974 to 31.05.1984. The appellant thereafter joined as an Engineer in Steel Industries Limited, Kerala (for short 'SILK ') on 04.06.1984. The said SILK is a Public Sector Undertaking (for short 'PSU ') owned by Government of Kerala. He worked there till 31.05.1987. Subsequent thereto, through the Public Service Commission, the appellant joined the Technical Education Department on 31.05.1987. He served for about 19 years and on attaining the age of superannuation, retired from service on 30.06.2006.

(3.) The contested issue arose at this point when the appellant made claim for the pensionary benefits by taking into consideration and reckoning the service of 10 years rendered by the appellant between 05.02.1974 to 31.05.1984 in the Telecom Department which was service under the Central Government. The Accountant General, by the communication dated 26.07.2006 however informed that since the break between the Central Service and State Service is nearly three years, unless the same is condoned by the State Government, the Central Service cannot be reckoned as qualifying service for pension. The appellant therefore made a representation dated 23.09.2006 to the Government requesting to condone the said break in service. Though the said request was rejected by the communication dated 12.02.2007, it was by an unreasoned order. On being assailed, the same was set aside and the matter was sent back for reconsideration. On such reconsideration, the request made by the appellant was declined stating that there are no rules for condoning the break in service. It stated that as per rules the break between the two appointments shall not exceed the joining time admissible under service rules. The rule referred to was Rule 29 (b) Part III of Kerala Service Rules (for short 'KSR ').