In Brief
An employee worked in the Central Government's Telecom Department (1974–1984), then joined a State-owned PSU (1984–1987), and subsequently joined the State Government's Technical Education Department (1987–2006). The break in service between the Telecom and Technical Education postings prevented him from receiving pension. The Kerala Administrative Tribunal allowed his request to condone the break under Rule 39 of the KS&SSR (allowing just and equitable treatment), but the High Court reversed it. The Supreme Court held that the State Government has discretionary power to condone such breaks, and a Government Order dated 24.09.2014 permitting condonation of non-qualifying sandwiched service could be applied to his pending review petition. The Court restored the KAT's order, allowing him to reckon both pensionable service periods."
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