Kerala High Court
P.K.Santha vs State Of Kerala
Author: P.V. Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 11TH DAY OF OCTOBER 2017/19TH ASWINA, 1939
WP(C).No. 23285 of 2017 (I)
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PETITIONER :
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P.K.SANTHA
JUNIOR LANGUAGE TEACHER (HINDI)(RETIRED),
T.M.V.H.S.S., PERUMPILAVU,
THRISSUR DISTRICT-680519.
BY ADV. SRI.P.M.PAREETH
RESPONDENTS :
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1. STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. DEPUTY DIRECTOR OF EDUCATION
THRISSUR-680001
3. DISTRICT EDUCATIONAL OFFICER
CHAVAKKAD, THRISSUR DISTRICT-680506.
4. ACCOUNTANT GENERAL
THIRUVANANTHAPURAM-695001.
R1 TO R4 BY SENIOR GOVERNMENT PLEADER
SRI.BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11-10-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
bp
WP(C).No. 23285 of 2017 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: A TRUE PHOTO COPY OF THE APPOINTMENT ORDER
DATED 20/6/91 WITH ENDORSEMENT OF APPROVAL BY THE
3RD RESPONDENT.
EXHIBIT P2: A TRUE PHOTO COPY OF THE VERIFICATION REPORT
DATED 28/11/2016 IN REGARD TO THE PENSIONARY
BENEFITS.
EXHIBIT P3: A TRUE PHOTO COPY OF THE G.O.(P) NO. 66/2016/FIN
DATED 9/5/2016
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
P.V. ASHA, J.
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W.P.(C) No. 23285 of 2017(I)
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Dated this the 11th day of October, 2017
J U D G M E N T
The petitioner filed this writ petition, aggrieved by the action of the respondents in not reckoning the service rendered by her as a Junior Language Teacher (Hindi) for the period from 20.06.1991 to 14.07.1995. Her pensionary benefits were finalised as per Ext.P2 order reckoning her service for the period from 03.06.1996 to 30.04.2016. It is pointed out that there was a break in service for a period of 10 months and 19 days and that the said break occurred on account of retrenchment from service due to division fall. However, her request for reckoning the said service was rejected on the ground of the Government Order (Ext.P3) G.O.(P) No.66/16/Fin dated 09.05.2016. Ext.P3 Government Order only provides that the provisional aided school service of regular full time aided school staff prior to entry in regular aided school service shall not be counted for W.P.(C) No. 23285 of 2017(I) -: 2 :- pension along with full time regular aided school service.
2. The respondents have filed a counter affidavit stating that the petitioner was thrown out from service on 15.07.1995 on abolition of the post due to reduction in the number of students and she was reappointed in the year 1996-97. Both spells of appointments are approved. It is therefore stated that the four years and 25 days of service prior to being thrown out on 15.07.1995 cannot be reckoned for pension along with full time regular aided school service since the Government Order Ext.P3 have retrospective effect.
3. As contended by the learned counsel for the petitioner, the case of the petitioner does not come under the purview of the order Ext.P3. Ext.P3 order only provides that the provisional aided school service will not be counted for pension. There is no provision in the Rules, which provide for not reckoning the W.P.(C) No. 23285 of 2017(I) -: 3 :- regular service. Even otherwise order Ext.P3 is already held unsustainable to the extent it relates to prior aided school service in the case of aided school teachers, for reckoning the same towards qualifying service for pension as per my judgment dated 14.08.2017 in W.P.(C) No.30167 of 2016 and connected cases. The petitioner's case is therefore more better than the cases which are already disposed of. The break in service rendered by the petitioner is for a period of less than one year. Therefore, the said period is also liable to be reckoned for the purpose of pension in the light of the provisions contained in Rule 14E(a) of the Part III Kerala Service Rules and the Government decision No.8 below that, which reads as follows:
"14E. (a) Aided School service put in by Government employees prior to entry in Government service qualifies. Takes effect from 24.01.1968."
[8 (i). The benefit of counting periods of break as per Note 3 below Rule 31, Part III, Kerala Service Rules will be allowed in cases where the appointment before the break was not provisional or for limited period and the break was due to reduction of staff strength of the institution.
(ii) In cases not covered by (i) above the actual period of service W.P.(C) No. 23285 of 2017(I) -: 4 :- excluding the periods of break will be reckoned for qualifying service.
(iii) In cases covered by (i) above the certificate that termination of appointment was due to reduction of staff strength of the institution should be countersigned by the pension sanctioning authority.] s[or Heads of the Departments:--]"
4. As the break in service in the present case is less than one year, the period of break, which occurred on account of the reduction in staff strength, is also liable to be counted towards qualifying service, apart from the regular service rendered by the petitioner for the period from 20.06.1991 to 14.07.1995 Therefore, there shall be a direction to respondents to re-fix the pensionary benefits of the petitioner reckoning the entire service of the petitioner for the period from 20.06.1991, including the period of break from 15.07.1995 to 02.06.1996 in the light of the Government decision number 8 under Rule 14E of Part III of the Kerala Service Rules. This shall be done within a period of 'three months' from the date of receipt of a copy of this judgment. The entire benefits W.P.(C) No. 23285 of 2017(I) -: 5 :- shall be disbursed to the petitioner.
This writ petition is disposed of accordingly.
Sd/-
P.V. ASHA, JUDGE DST //True copy// P.A. To Judge