Kerala High Court
Thresiamma Thomas vs Union Of India
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940
WP(C).No. 24888 of 2009
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PETITIONER:
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THRESIAMMA THOMAS,
LECTURER SELECTION GRADE(RETIRED),
CARMEL COLLEGE, MALA, RESIDING AT
KOTTEKALY HOUSE, POOVATHUSSERY.P.O,
ANNAMANADA, THRISSUR DISTRICT.
BY ADV.SRI.B.MOHANLAL
RESPONDENT(S):
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1. UNION OF INDIA,
MINISTRY OF COMMUNICATION,
REPRESENTED BY SECRETARY,
PATEL BHAVAN, NEW DELHI, PIN - 110 030.
2. THE OFFICER-IN-CHARGE,
INTERNATIONAL MONITORING STATION,
GHATORNI, NEW DELHI-110030.
3. THE DIRECTOR, WIRELESS PLANNING
CO-ORDINATION WING, MINISTRY OF COMMUNICATION,
PARLIAMENT STREET, NEW DELHI-110 030.
4. STATE OF KERALA, REPRESENTED BY
THE PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
5. THE DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695 001.
6. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
THRISSUR, PIN - 680 001.
7. THE ACCOUNTANT GENERAL(A & E)KERALA,
P.B.NO.5607, M.G.ROAD,
THIRUVANANTHAPURAM, PIN - 695 014.
R1 TO R3 BY SRI.N. NAGARESH, ASSISTANT SOLICITOR GENERAL
SRI.ABRAHAM THOMAS, CGC
R4 TO R7 BY GOVERNMENT PLEADER SRI.RON BASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 09-04-2018 ALONG WITH WPC.33361/2010 & CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 24888 of 2009
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APPENDIX
PETITIONERS' EXHIBITS:
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EXHIBIT P1 : THE TRUE COPY OF THE SERVICE DETAILS OF THE PETITIONER
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 : THE TRUE COPY OF THE LETTER NO.MD2-A-17095/77
DATED 9.12.1983 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3 : THE TRUE COPY OF THE ORDER NO.GA-F1/11812/81(2)
DATED 6.1.1983 ISSUED BY THE MANAGEMENT.
EXHIBIT P3A : THE TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER IN C.M.C. EDUCATIONAL SOCIETY FROM 14.6.1982
AND ITS APPROVAL ORDER NO.GA/F1/10644/82(3)
DATED 5.4.1982 OF THE CALICUT UNIVERSITY.
EXHIBIT P3B : THE TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER
IN C.M.C. EDUCATIONAL SOCIETY FROM 10.1.1983 AND ITS
APPROVAL ORDER NO.GA/F1/1918/81 DATED 22.4.1983 OF
THE CALICUT UNIVERSITY.
EXHIBIT P3C : THE TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER IN C.M.C. EDUCATIONAL SOCIETY FROM 11.03.1983.
EXHIBIT P3D : THE TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER IN C.M.C. EDUCATIONAL SOCIETY FROM 25.1.1984
AND ITS APPROVAL ORDER NO.GA/F1/2562/1983 DATED 25.10.1984
OF THE CALICUT UNIVERSITY.
EXHIBIT P3E : THE TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER IN C.M.C. EDUCATIONAL SOCIETY FROM 8.10.1984
AND ITS APPROVAL ORDER NO.GA/F1/2642/84 DATED 17.12.1984
OF THE CALICUT UNIVERSITY.
EXHIBIT P3F : THE TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER
IN C.M.C. EDUCATIONAL SOCIETY FROM 8.1.1985 AND ITS
APPROVAL ORDER NO.GA/F1/6349/86(3) DATED 4.2.1987 OF THE
CALICUT UNIVERSITY.
EXHIBIT P3G : THE TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER
IN C.M.C. EDUCATIONAL SOCIETY FROM 28.3.1985.
EXHIBIT P3H : THE TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER
IN C.M.C. EDUCATIONAL SOCIETY FROM 20.11.1985.
EXHIBIT P4 : THE TRUE COPY OF THE ORDER NO.P-18/AC/C/77110923
DATED 22.5.2006 ISSUED BY THE ACCOUNTANT GENERAL
A & E KERALA.
EXHIBIT P5 : THE TRUE COPY OF THE APPLICATION DATED 30.12.2004
SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 4 TO 6.
EXHIBIT P6 : THE TRUE COPY OF THE ORDER NO.P.01/G1/INW/415/04-05/23
DATED 5.7.2004 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P7 : THE TRUE COPY OF THE CIRCULAR NO.74/99/FIN.
DATED 4.12.1999 ISSUED BY THE GOVERNMENT.
WP(C).No. 24888 of 2009
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EXHIBIT P8 : THE TRUE COPY OF THE G.O.(P)NO.703/2002/FIN.
DATED 12.11.2002 ISSUED BY THE GOVERNMENT.
EXHIBIT P9 : THE TRUE COPY OF THE THE G.O.(P)NO.651/2003/FIN.
DATED 6.12.2003 ISSUED BY THE GOVERNMENT.
EXHIBIT P10 : THE TRUE COPY OF THE REPRESENTATION DATED 15.4.2005
SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 4 TO 6.
EXHIBIT P11 : THE TRUE COPY OF THE ORDER NO.12871/D2/05/H.EDN.
DATED 11.8.2005 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P12 : THE TRUE COPY OF THE G.O.(P)NO.420/2008/FIN.
DATED 18.9.2008 ISSUED BY THE GOVERNMENT.
EXHIBIT P13 : THE TRUE COPY OF THE APPLICATION DATED 1.1.2009 FILED
BY THE PETITIONER BEFORE THE RESPONDENTS 4 TO 7.
EXHIBIT P14 : THE TRUE COPY OF THE G.O.(RT)NO.1038/2013
DATED 9.8.2012 ISSUED BY THE GOVERNMENT.
EXHIBIT P15 : THE TRUE COPY OF THE G.O.(P)NO.413/2014/FIN.
DATED 24.9.2014 ISSUED BY THE GOVERNMENT.
EXHIBIT P16 : THE TRUE COPY OF THE G.O.(MS)NO.597/2013/H.EDN.
DATED 3.9.2013 ISSUED BY THE GOVERNMENT.
EXHIBIT P17 : THE TRUE COPY OF THE DEGREE CERTIFICATE DATED 17.4.2001
ISSUED FROM MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.
RESPONDENTS' EXHIBITS: NIL
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/TRUE COPY/
P.S.TO JUDGE
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20.04.2018.
P.V.ASHA J.
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W.P.(C).Nos.24888 of 2009, 33361 of 2010,
8018 of 2015 and 38263 of 2017
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Dated this the 9th day of April, 2018
JUDGMENT
These writ petitions are filed by teachers retired from Aided Colleges who have rendered service under the Central Government prior to their appointment in the Aided Colleges.
2. In all these writ petitions they are seeking fixation of their pension reckoning their service rendered in Central Government. Government have rejected their request saying that there is no provision to reckon the Central Government service along with their service in Aided Colleges.
3. A Full Bench of this Court in the judgment in State of Kerala v. Haridasan : 2015 (2) KLT 145 held W.P.(C).Nos.24888 of 2009, 33361 of 2010, 8018 of 2015 and 38263 of 2017 2 that service rendered under Central Government departments by Aided College teachers prior to their appointment in the Aided Colleges are liable to be reckoned for the purpose of pension in view of Note 2 to Rule 11 of Part III of Kerala Service Rules. The provisions contained in the First Statutes of the University of Kerala as well as Calicut University provides that the retirement benefits like pension in the case of the Aided College teachers shall be as in the case of Government College teachers. The provisions contained in the University Statutes of Kerala University are made applicable to the Private College teachers coming under the Mahatma Gandhi University also. Therefore the petitioners in all these cases are entitled to get their pension re-fixed considering their service under Central Government.
4. It is pointed out that the Government had taken up the matter to the Supreme Court in SLPs and these SLPs have already been disposed of with liberty W.P.(C).Nos.24888 of 2009, 33361 of 2010, 8018 of 2015 and 38263 of 2017 3 to the Government to move Review Petitions. Even though Review Petitions have been filed the judgment under Review Petitions continue to be in force.
In the above circumstances, these writ petitions are allowed directing the respondents to re- fix the pension of the petitioners reckoning their service rendered under Central Government Departments prior to their appointment in Aided Colleges. The benefits due to petitioners shall be re-fixed and disbursed within a period of 'three months' from the date of receipt of a copy of this judgment.
These writ petitions are disposed of, accordingly.
Sd/-
P.V.ASHA, JUDGE.
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