Kerala High Court
Zakaria Varkey vs State Of Kerala on 20 June, 2024
WPC.No.23050/23 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 23050 OF 2023
PETITIONER:
ZAKARIA VARKEY,
AGED 62 YEARS,
S/O.V.S. VARKEY RESIDING AT 'VATTAMATTOM', MAMMODU
P.O., CHANGANASSERRY, PIN - 686 536.
BY ADVS.
S.MUHAMMED HANEEFF
M.H.ASIF ALI
RAJANA JOSE
RESPONDENTS:
1 STATE OF KERALA,
REP. BY IS SECRETARY TO THE GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
PIN - 695 001.
2 DIRECTOR OF COLLEGIATE EDUCATION,
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS
BHAVAN, PALAYAM, THIRUVANANTHAPURAM, PIN - 695 033.
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM,
DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION NEAR
NATTAKOM GOVT COLLEGE NATTAKOM.P.O, KOTTAYAM,
PIN - 686 013.
4 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
ERNAKULAM OFFICE OF THE DEPUTY DIRECTOR OF
WPC.No.23050/23 2
COLLEGIATE EDUCATION GENERAL HOSPITAL ROAD, NEAR
MAHARAJAS COLLEGE MEN'S HOSTEL, ERNAKULAM,
PIN - 682 011.
5 ACCOUNTANT GENERAL [A &E],
INDIAN AUDIT & ACCOUNTS DEPARTMENT OFFICE OF THE
ACCOUNTANT GENERAL [A & E],
THIRUVANANTHAPURAM, PIN - 695 001.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.23050/23 3
JUDGMENT
The petitioner, who is aggrieved by the non-reckoning of his previous Central Government service along with his aided college service for the purpose of pension and other related benefits, has approached this Court seeking the following reliefs:
"i. Call for the records leading up to Ext P4 and Ext.P7 and quash the same by issuing a writ of certiorari or other appropriate writ order or direction.
ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to refix the pension and other terminal benefits of the petitioner reckoning his service as Research Assistant (Scientific) at Central Water and Power Research station under the Ministry of Water Resources for the period from 29.08.1986 to 03.11.1989 [to 3 years, 2 months & 8 days ] along with his regular full time aided college service and sanction and disburse the same expeditiously within the time limit fixed by this Hon'ble Court. iii. Exempt the petitioner from filing the English translation of vernacular documents. iv. Issue such other appropriate writ, order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."WPC.No.23050/23 4
2. The grievance of the petitioner is that, the petitioner worked as a Research Assistant (Scientific) at Central Water and Power Research Station, Pune under the Ministry of Water Resources from 29.08.1986 to 03.11.1989. Thereafter, he resigned from the said post and joined as a Lecturer in a leave vacancy with effect from 09.11.1989. Thereafter, he was appointed in a substantive vacancy arose on 20.06.1991. The leave vacancy as well as the substantive vacancy was in S.B College, Changanassery. However, the request of the petitioner to reckon the service at the Central Government establishment has been declined by the authorities concerned. The order impugned in this writ petition is Ext.P7 passed by the Government. This writ petition is submitted in such circumstances. A counter affidavit has been submitted by the 2nd and 3rd respondents in response to the averments contained in the writ petition.
3. Heard Sri.S.Muhammed Haneeff, learned counsel for the petitioner and Smt.Nisha Bose, learned Government Pleader for the State.
WPC.No.23050/23 5
4. The specific contention put forward by the learned counsel for the petitioner is that the issue raised by the petitioner is covered as per Ext.P9 judgment which was rendered by this Court by placing reliance upon Ext.P8 Government Order in this regard. In Ext.P8 Government Order, after considering the request made by the similarly situated persons, it was ordered that the prior public service should be reckoned as a qualifying service for pension after condoning the sandwiched non-qualifying service as a break between the two services. This clarification was issued in the view of the fact that, as per Rule 29(b) Part III of KSR, the resignation of an appointment to take up another appointment to the service which counts is not resignation from public service and the break between two appointments should not exceed the joining time admissible under the service rules plus public holidays.
5. In Ext.P9 judgment, after taking note of the clarification made in Ext P8 and also the principles laid down by the Apex Court in Valsan P. v. State of Kearala and Ors. [2021 (6) KLT 287] and this Court in State of Kerala v. Haridasan [2015(2) KLT 145], a direction was issued to the respondents therein to grant WPC.No.23050/23 6 pensionary benefits to the petitioner therein, taking note of the prior service as well, which was sandwiched with non-qualifying service as break between the two regular services. The learned counsel for the petitioner also made available the judgment passed by a Division Bench of this Court in W.P.C.No.1836 of 2023 by which Ext.P9 judgment was upheld.
6. Thus, from the entire materials, it is evident that the petitioner is a similarly situated person with that of the petitioner in Ext.P9 and he is entitled to get all the benefits as per Ext.P8 Government Order, which was relied on in Ext.P9. In such circumstances, Ext.P7 order passed by the Government is to be interfered with.
Accordingly, this writ petition is disposed of, quashing Ext.P7. As observed above, since the petitioner is entitled to the benefits as contemplated under Ext.P8, the service rendered by the petitioner as Research Assistant (Scientific) at Central Water and Power Research Station, for the period from 29.08.1986 to 03.11.1989 is to be reckoned as qualifying service. The 1 st respondent shall issue appropriate orders to revise the pension and pensionary benefits of WPC.No.23050/23 7 the petitioner by reckoning the said period as regular service. The orders in this regard shall be passed within a period of two months from the date of receipt of a copy of this judgment and the benefits arising there from shall be disbursed to him within a period of three months thereafter.
Sd/-
ZIYAD RAHMAN A.A. JUDGE DG/21.6.24 WPC.No.23050/23 8 APPENDIX OF WP(C) 23050/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SERVICE BOOK OF THE PETITIONER Exhibit P 2 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE OFFICE OF THE ACCOUNTANT GENERAL [A &E], KERALA DT. 23-07-2016 Exhibit P3 A TRUE COPY OF THE REPRESENTATION DT.
15.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT Exhibit P4 A TRUE COPY OF THE ORDER BEARING NO.
M2/52920/2022/DCE DT. 06.12.2022 Exhibit P5 A TRUE COPY OF THE REPRESENTATION DT.
12.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 09.01.2023 IN W.P.(C) NO. 480 OF 2023 ON THE FILES OF THIS HONOURABLE COURT Exhibit P7 A TRUE COPY OF THE ORDER BEARING G.O.(RT.) NO. 836/2023/HEDN DATED 08.06.2023 ISSUED BY THE 1ST RESPONDENT Exhibit P8 A TRUE COPY OF THE ORDER BEARING G.O.(P) NO. 413/2014/FIN. DATED 24.09.2014 ISSUED BY THE GOVERNMENT OF KERALA Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 21.02.2023 IN W.P.(C) NO. 42406 OF 2022 PASSED BY THIS HONOURABLE COURT