Kerala High Court
C.M.Ameer Ali vs Assistant Educational Officer on 27 July, 2012
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
FRIDAY, THE 27TH DAY OF JULY 2012/5TH SRAVANA 1934
WP(C).No. 30873 of 2011 (H)
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PETITIONER(S):
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C.M.AMEER ALI,
AGED 60 YEARS, S/O.C.M.AHAMEDKUTTY
FORMER ARABIC TEACHER, SRI VIDYAPOSHINI LOWER
PRIMARY SCHOOL, VATANAPALLY P.O.
THRISSUR DISTRICT.
BY ADV. DR.GEORGE ABRAHAM
RESPONDENT(S):
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1. ASSISTANT EDUCATIONAL OFFICER,
VALAPAD, THRISSUR DISTRICT- 680001.
2. ACCOUNTANT GENERAL, KERALA,
OFFICE OF THE ACCOUNTANT GENERAL
THIRUVANANTHAPURAM 695 001.
3. STATE OF KERALA,
REP. BY THE SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
BY GOVERNMENT PLEADER SRI.M.A.FAYAZ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.30873/2011
APPENDIX
PETITIONER'S EXHIBITS:-
P1:- COPY OF THE PETITIONER'S REQUEST FOR RELIEF DTD. 13.7.1982.
P2:- COPY OF CERTIFICATE DTD. 11.11.2011 ISSUED BY THE HEADMASTER, A.M.L.P.
SCHOOL, CHENNARA.
P3:- COPY OF CERTIFICATE DT.D 19.4.2005 ISSUED BY THE HEADMASTER,
GOVERNMENT L.P.SCHOOL, KUTTAYI SOUTH.
P4:- COPY OF CERTIFICATE DTD. 31.3.2003 ISSUED BY THE HEADMASTER,
GOVERNMENT L.P.SCHOOL, B.P.ANGADI.
P5:- COPY OF FORMAL APPLICATION FOR PENSION SUBMITTED ON 1.1.2007.
P6:- COPY OF COMMUNICATION ISSUED BY THE ASSISTANT EDUCATIONAL
OFFICER,VALAPAD TO THE HEADMISTRESS, SVPLPS, VATANAPALLY
DTD. 24.4.2008.
P7:- COPY OF COMMUNICATION SENT TO THE REGISTRAR, KERALA HUMAN RIGHTS
COMMISSION DT. 6.1.2009.
P8:- COPY OF PAGE 32 OF THE PETITIONER'S SERVICE BOOK.
P9:- REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:-
NIL
//TRUE COPY//
P.S. TO JUDGE
tss
S. SIRI JAGAN, J.
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W.P.(C) No.30873 of 2011
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Dated this the 27th day of July, 2012
JUDGMENT
The petitioner is aggrieved by rejection of his claim for pension on the ground that the petitioner had resigned from the parent school and therefore, going by Rule 29 of Part III of Kerala Service Rules, he is not entitled to pension. In respect of the same, the petitioner has filed Ext.P9 petition before the 3rd respondent. The petitioner now confines his relief for a direction to the 3rd respondent to consider and pass orders on Ext.P9, after affording an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. However, I make it clear that other contentions raised in this writ petition are left open to be agitated by the petitioner, if necessity arises again.
S. SIRI JAGAN, JUDGE acd