Break in the two services is condonable for pension.

CASE NO. & TITLE

CIVIL APPEAL NO. 6292 OF 2021 (Arising out of SLP(C) No. 29856/2019): Valsan P. .…Appellant(s) Versus The State of Kerala and Ors. …. Respondent(s)

The petitioner worked in the telecom department of the central government (CG) for 10 years (1974-84)  but later joined 1st state government service for three years (1984-87) and then another 2nd State government service (1987-2006). On retirement, he sought pension including those 3 years break in service and previous 10 years with CG. The Accountant General refused.

QUESTION: Can a break between the Central Service and State Service of nearly three years be condoned by the State Government, to reckon the Central Service as a qualifying service for pension?

The petitioner filed representation for condoning the break in service. State govt. rejected to condone the break in service citing no rules to condone such 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’).

The Petitioner approached Kerala Administrative Tribunal (KAT)  against the stance of State. The KAT on making a detailed analysis of not just the rules   but   also   the   series   of   Government   orders   which   are relevant,   held   the   appellant   entitled   to   the   benefit   and accordingly allowed the application. The KAT noted that the requirement was that the period of service in ‘SILK’ is to be condoned as a disconnect period to provide continuity of service in   the   two   employments.   Thus,   giving   the   benefit   of   the Government order dated 24.09.2014 the entitlement as claimed was upheld.

But the High Court set aside the KAT order.

However, the Hon’ble Supreme court noted that  A   perusal   of   the   Government   Order   noted   above indicates   that   the   benefit   sought   for   by   the   appellant   is provided and the sandwiched non qualifying service as break in the two services is condonable and the prior public service shall be reckoned as qualifying service for pension and restored the order of KAT.

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