Kerala High Court
Nachi M.M vs State Of Kerala on 2 May, 2017
Author: P.V. Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 20TH DAY OF OCTOBER 2017/28TH ASWINA, 1939
WP(C).No. 28641 of 2017 (E)
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PETITIONER(S):
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NACHI M.M.,
AGED 56 YEARS, L.P.STEACHER (RETIRED),
S.D.P.A.L.P SCHOOL, MALLA,
RESIDING AT VALIVAKATTIL HOUSE,
MULLARINGAD. P.O., THODUPUZHA,
IDUKKI DISTRICT- 685 607.
BY ADV. SRI.SIJI ANTONY.
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
2. THE SECRETARYTO GOVERNMENT,
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAM- 695 001.
4. THE ACCOUNTANT GENERAL ( A&E),
KERALA, THIRUVANANTHAPURAM- 695 039.
BY SR. GOVT. PLEADER SMT.MARY BEENA JOSEPH.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 20-10-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
rs.
WP(C).No. 28641 of 2017 (E)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF DATA INPUT SHEET
SUBMITTED BY THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE VERIFICATION REPORT DATED 02.05.2017.
EXHIBIT P3 TRUE COPY OF THE INTIMATION SLIP OF PENSIONARY BENEFITS
ALONG WITH COMMUTATION PAYMENT ORDER DATED 08.08.2017.
EXHIBIT P4 TRUE COPY OF THE GRATUITY PAYMENT ORDER DATED 07.07.2017.
EXHIBIT P5 TRUE COPY OF THE ORDER G.O.(P) 66/2016/FIN DATED 09.05.2016.
EXHIBIT P6 TRUE COPY OF THE ORDER G.O(P) NO. 113/2016/FIN. ISSUED BY
THE 1ST RESPONDENT DATED 05.08.2016.
EXHIBIT P7 TRUE COPY OF THE ORDER G.O.(RT) NO.7194/2015/FIN
DATED 06.08.2015.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WPC NO. 20495/2013
DATED 23.07.2014.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WA NO.377/2015
DATED 23.02.2015.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN SLP (C) NO.19441/2015
DATED 20.07.2015
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
P.V. ASHA, J
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W.P.C. No.28641 of 2017
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Dated this the 20th day of October, 2017
JUDGMENT
The petitioner, who is a retired LP School Teacher, has filed this writ petition challenging Exts. P5 and P6 orders, according to which, the prior service rendered in broken spells, in leave vacancies/ provisional service in aided school, prior to the commencement of service on regular appointment is not liable to be reckoned for the purpose of pension. Petitioner challenges these orders pointing out that the broken spells of service rendered on provisional basis are liable to be reckoned under Rule 14 E of Part III KSR. The validity of the orders Ext.P5 and P6, have already been considered by me in my judgment dated 14.08.2017 in W.P.C. No.30167/2016 and connected cases. I have set aside these orders to the extent it relates to reckoning of the previous service rendered in aided schools. The case of the petitioner will also be governed by the said judgment.
W.P.C. No.28641 of 2017 2
Accordingly the writ petition is disposed of, directing the respondents 3 and 4 to see that the pensionary benefits due to the petitioner are re-fixed considering the provisional service rendered by her prior to her regular service also. Petitioner shall be granted all consequential benefits within a period of four months from the date of receipt of a copy of this judgment.
Sd/-
P.V.ASHA JUDGE RKM