Kerala High Court
Emmanuel P.M vs State Of Kerala
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 13TH DAY OF DECEMBER 2017/22ND AGRAHAYANA, 1939
WP(C).No. 36135 of 2017 (N)
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PETITIONERS:
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1. EMMANUEL P.M.,
AGED 57 YEARS,HEAD MASTER(RETIRED),
LITTLE FLOWER UP SCHOOL,PASUKKADAVE,
RESIDING AT PUTHUPPALLY THAKIDIYAL HOUSE,
MARUTHONKARA,KAVILUMPARA,
KOZHIKODE,PIN-673513.
2. BABY MATHEW,
AGED 57 YEARS,HIGH SCHOOL ASSISTANT(RETIRED),
ST.MARY'S HIGHER SECONDARY SCHOOL,
MARUTHONKARA, KOZHIKODE DISTRICT.
RESIDING AT NEENDUKUNNAL HOUSE,
PASUKKADAVE, KOZHKODE,PIN-673528.
BY ADV. SRI.SIJI ANTONY
RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001.
2. THE SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001.
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAM,PIN-695001.
4. THE ACCOUNTANT GENERAL(A&E),
KERALA,THIRUVANANTHAPURAM,PIN-695039.
5. THE DEPUTY DIRECTOR OF EDUCATION,KOZHIKODE,
OFFICE OF D.D.E,KOZHIKODE,PIN-673001.
BY SR. GOVERNMENT PLEADER SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-12-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 36135 of 2017 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 A TRUE COPY OF THE DATA INPUT SHEET ATTACHED WITH THE
STATUTORY APPLICATION
EXHIBIT P1(A) A TRUE COPY OF THE ABOVE VERIFICATION REPORT NO.P.R.2101779651
DATED 11.07.2017 ISSUED BY THE 4TH RESPONDENT TO THE 1ST
PETITIONER
EXHIBIT P1(B) A TRUE COPY OF THE INTIMATION SLIP OF PENSIONARY BENEFITS
DATED 21.06.2017 ISSUED BY THE 4TH RESPONDENT TO THE 1ST
PETITIONER
EXHIBIT P1(C) A TRUE COPY OF PROCEEDINGS NO.K.DIS.B1.6938/06 DATED
22.09.2016 WAS SANCTIONED BY DEO VADAKARA.
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE
2ND PETITIONER
EXHIBIT P2(A) A TRUE COPY OF THE STATEMENT OF FIXATION AS PER ORDER
NO.K.DIS.BI/3377/2014 DATED O2.12.2014
EXHIBIT P2(B) A TRUE COPY OF THE DATA INPUT SHEET ALONG WITH FORM NO.2 OF
PENSION PROPOSAL OF THE 2ND PETITIONER
EXHIBIT P2(C) TRUE COPY OF THE ABOVE VERTIFICATION REPORT NO.P.R.2101670849
DATED 30.12.2016 ISSUED BY THE 4TH RESPONDENT TO THE 1ST
RESPONDENT
EXHIBIT P2(D) TRUE COPY OF THE INTIMATION SLIP OF PENSIONARY BENEFITS DATED
30.12.2016 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER
EXHIBIT P3 TRUE COPY OF THE LATEST STATEMENT OF FIXATION AS PER ORDER
NO.K.DIS.BI/2224/2016 DATED 20.04.2016
EXHIBIT P3(A) TRUE COPY OF THE DATA INPUT SHEET ALONG WITH FORM NO.2 OF
PENSION PROPOSAL
EXHIBIT P3(B) TRUE COPY OF THE ABOVE VERIFICATION REPORT NO.P.R.2101670907
DATED 01.02.2017 ISSUED BY THE 4TH RESPONDENT TO THE 3RD
PETITIONER
EXHIBIT P3(C) TRUE COPY OF THE INTIMATION SLIP OF PENSIONARY BENEFITS DATED
01.02.2017 ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER
EXHIBIT P4 TRUE COPY OF THE G.O.(MS).74/68/EDN.DATED 24.02.1968
EXHIBIT P5 TRUE COPY OF THE ABOVE ORDER ISSUED BY THE 1ST RESPONDENT G.O
(P)NO.66/2016/FIN DATED 09.05.2016
EXHIBIT P6 TRUE COPY OF THE ABOVE ORDER ISSUED BY THE 1ST RESPONDENT AS
G.O(P)NO.113/2016/FIN.DATED 05.08.2016
EXHIBIT P7 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED
06.08.2015 VIDE G.O.(RT)NO.7194/2015
EXHIBIT P8 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN
W.P.(C)NO.20495/2013 DATED 23.07.2014
WP(C).No. 36135 of 2017 (N)
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EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 23.2.2015 IN W.A.NO.377/2015
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.07.2015 IN SLP(C)NO.19441/2015
PASSED BY THE HON'BLE SUPREME COURT
EXHIBIT P11 TRUE COPY OF JUDGMENT IN WPC NO.30167/2016 REPORTED IN 2017
KHC (5)PAGE 120.
RESPONDENT(S)' EXHIBITS
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NIL
TRUE COPY
P.S. TO JUDGE
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ANU SIVARAMAN, J.
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W.P.(C).No.36135 of 2017
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Dated this the 13th day of December, 2017
JUDGMENT
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Petitioners are retired Aided School teachers. Petitioners' grievance is that the broken/provisional service rendered by them in Aided Schools prior to their commencement of the regular service is not reckoned for the purpose of pension.
2. This Court already held in the judgment dated 14.08.2017, in W.P.(C) No.30167 of 2016 and connected cases that the provisional service rendered in Aided school prior to the commencement of regular service in Aided School is liable to be considered for pension. The case of the petitioners would also be governed by the said judgment.
3. In the above circumstances, this writ petition is disposed of directing the respondents to re-fix the pensionary benefits of the petitioners, after reckoning the provisional service rendered by them in Aided Schools along with their regular service and to grant them all consequential benefits. W.P.(C).No.36135 of 2017 2 Such benefits shall be granted to the petitioners within a period of three months from the date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN JUDGE rmm // True Copy // P.A. To Judge