Kerala High Court on Pension: Casual Labour Service Not Reckonable for University Pension.

The Kerala High Court dismissed a writ appeal challenging a judgment that denied pensionary benefits for the period the appellant worked as a casual labourer in the University of Kerala prior to regularisation. The Court held that the Government Order Ext.P10, which allows casual labour service to be reckoned for pension, applies only to departmental agricultural farm workers and is not applicable to university employees. Reliance on Rule 39 of Part III KSR or Apex Court judgments was also found inapplicable to the appellant’s facts.

1. The appellant, a retired Garden Maistry of Kerala University, filed W.P.(C) No. 7136 of 2018 seeking to reckon his casual labour service (1964–1969) for pension purposes.
2. He relied on G.O. Ext.P10 dated 08.07.1980, which allowed casual service of agricultural farm workers to count as qualifying service for pension.
3. The University rejected the claim, stating Ext.P10 did not apply to university employees, and the appellant had qualifying service after regularisation in 1969.
4. The Single Judge dismissed the writ petition on 26.09.2024, holding that Ext.P10 is specific to Agriculture Department farm workers and does not cover university employees.

1. The appellant was regularised in 1969 and superannuated in 1992 with sufficient qualifying service for pension.
2. Ext.P10 explicitly applies only to agricultural departmental farm workers; it does not extend to university employees.
3. Rule 39 of Part III KSR allows pension for abolished posts only if there is no qualifying service; in this case, the appellant had qualifying service, so Rule 39 was inapplicable.
4. Apex Court judgments relied upon by the appellant pertained to specific statutory provisions or government orders applicable to other services, and could not be applied by analogy to the appellant’s case.
5. The learned Single Judge correctly dismissed the writ petition; no illegality or perversity was found.

1. Writ appeal dismissed.
2. Pending interlocutory applications closed.

1. Article 226, Constitution of India – High Court writ jurisdiction.
2. Rule 39, Part III, Kerala Service Rules – Pension for abolished posts.
3. Government Order Ext.P10 dated 08.07.1980 – Qualifying service for agricultural departmental farm workers only.

Citation: 2025:KER:83928

Case: Y. Sanandan v. State of Kerala & Ors.

Court: High Court of Kerala at Ernakulam

Coram: Justice Anil K. Narendran & Justice Muralee Krishna S.

Date of Decision: 6 November 2025

Writ Appeal No.: 1839 of 2024