Kerala High Court
Anitha.T.L vs State Of Kerala on 7 November, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941
WP(C).No.16609 OF 2019(A)
PETITIONERS:
1 ANITHA.T.L
AGED 58 YEARS
H.S.A. (MATHS), (RETD), R.V.S.M.H.S.S., PRAYAR,
OACHIRA, NOW RESIDING AT PARVANEDU, KAYAMKULAM,
ALAPPUZHA DISTRICT-690 502.
2 MARGRETT DOMINIC,
H.S.A.(PHYSICAL SCIENCE) (RETD.), ST.SEBASTIAN H.S.,
CHEENTHALAR, RESIDING AT KOTTAKAL HOUSE, SANTHI
NAGAR, ELAPPARA P.O., IDUKKI DISTRICT-685 501.
BY ADVS.
SRI.SIJI ANTONY
SRI.P.M.JOSEPH
SRI.P.S.SAJEEV (CHIRAYIL)
SHRI.MANOJ GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE SECRETARY TO GOVERNMENT,
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
3 THE DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAM, PIN-695 001.
4 THE ACCOUNTANT GENERAL( A & E), KERALA,
THIRUVANANTHAPURAM, PIN-695 039.
5 DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA,
OFFICE OF D.D.E., ALAPPUZHA.
6 DEPUTY DIRECTOR OF EDUCATION, IDUKKI,
OFFICE OF THE D.D.E., IDUKKI.
SRI.MOHAMMED ANZAR,SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.11.2019, ALONG WITH WP(C).19421/2018(C), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) 19421/2018 & 16609 OF 2019 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941
WP(C).No.19421 OF 2018
PETITIONERS:
1 LISAMMA.P.MATTAM (H.S.A. RETIRED)
AGED 56 YEARS
ST. THOMAS H.S, MARANGATTUPILLY, RESIDING AT
ARUVELIL,ANDOOR, MARANGATTUPILLY PO, KOTTAYAM
DISTRICT-686635.
2 SR. THRESSIAMMA AUGUSTINE, (H.S.A RETIRED)
ST.GEORGE H.S.S, ARUVITHURA, RESIDING AT
JAYA RANI ADORATION CONVENT, ARUVITHURA PO,
PIN-686122.
3 ANIAMMA XAVIER (H.S.A RETIRED)
HOLY CROSS H.S.S, CHERPPUNGAL, RESIDING AT CHERUVIL
HOUSE,PADUVA PO, KOTTAYAM DISTRICT, PIN-686564.
BY ADVS.
SRI.SIJI ANTONY
SRI.R.S.HARI KUMAR
SRI.P.M.JOSEPH
SRI.P.S.SAJEEV (CHIRAYIL)
RESPONDENTS:
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-695 039.
5 THE DEPUTY DIRECTOR OF EDUCATION
KOTTAYAM, OFFICE OF D.D.E, VAYASKARAKUNNU,
KOTTAYAM-686601.
WP(C) 19421/2018 & 16609 OF 2019 3
R1-R5 BY SRI.MOHAMMED ANZAR.K.J.,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.11.2019, ALONG WITH WP(C).16609/2019(A), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) 19421/2018 & 16609 OF 2019 4
JUDGMENT
These writ petitions are filed by petitioners against denying benefits of broken spells of temporary/leave vacancy in aided school service counting for pensionary benefits. Now the Government have passed an order dated 28.10.2019 issuing clarification with respect to reckoning aided school service for pension during the broken spells and has directed Head of Departments concerned that, those who retired before 1.8.2018 are eligible to reckon the broken/leave vacancy period for pensionary benefits and it is further clarified that, the broken spells of provisional service/leave vacancy service rendered by regular aided school staff or Government employees in aided schools prior to their entry in regular service shall not be reckoned as qualifying service w.e.f.10.8.2018.
2. On going through the pleadings put forth by the petitioners, it is clear, petitioners are all retired before 1.8.2018 and therefore, they are entitled to get the benefits of the Government Order WP(C) 19421/2018 & 16609 OF 2019 5 dated 28.10.2019.
In that view of the matter, the writ petitions would stand allowed and there will be a direction to the respondents to consider/re-consider the claims raised by the petitioners in accordance with the Government Order specified above, at the earliest possible time and at any rate within two months from the date of receipt of a copy of this judgment and if the petitioners are entitled to get pensionary benefits reckoning broken spells, it shall be released at the earliest possible.
Sd/-
SHAJI P.CHALY
Smv JUDGE
7.11.2019
WP(C) 19421/2018 & 16609 OF 2019 6
APPENDIX OF WP(C) 16609/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER NO.B3/486/17/K.DIS DATED
28.01.2017 ISSUED BY DEO, MAVELIKKARA TO THE 1ST PETITIONER.
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE PENSION PROPOSAL DATED 06.02.2017 OF THE 1ST PETITIONER.
EXHIBIT P1 B TRUE COPY OF VERIFICATION REPORT NO. P.P.R 2101782190 DATED 09.06.2017 ISSUED BY 4TH RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P1 C TRUE COPY OF THE INTIMATION SLIP ISSUED BY 4TH RESPONDENT TO THE 1ST PETITIONER DATED 09.06.2017.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE PENSION PROPOSAL OF THE 2ND PETITIONER. EXHIBIT P2 A TRUE COPY OF THE VERIFICATION REPORT NO.P.R.2101775046 DATED 08.03.2017 ISSUED BY 4TH RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P2 B TRUE COPY OF THE INTIMATION SLIP ISSUED BY 4TH RESPONDENT TO THE 2ND PETITIONER DATED 08.03.2017.
EXHIBIT P2 C TRUE COPY OF PETITION DATED 05.05.2017 SUBMITTED BY THE 2ND PETITIONER BEFORE KERALA STATE HUMAN RIGHTS COMMISSION. EXHIBIT P2 D TRUE COPY OF COMMUNICATION NO.C3/7926/2017 DATED 08.05.2018 OF THE 6TH RESPONDENT ISSUED TO THE 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF ORDER G.O.(P) NO.66/2016/FIN DATED 09.05.2016 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF ORDER G.O.(P) NO.113/2016/FIN DATED 05.08.2016 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF ORDER NO.G.O.(P)21/2018/FIN DATED 16.02.2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF ORDER G.O.(P) NO.47/2018/FIN WP(C) 19421/2018 & 16609 OF 2019 7 DATED 21.03.2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF ORDER G.O.(P) NO.128/2018/FIN DATED 10.08.2018 AS PER S.R.O. 572/2018 ISSUED BY 1ST RESPONDENT.
WP(C) 19421/2018 & 16609 OF 2019 8 APPENDIX OF WP(C) 19421/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE 1ST PETITIONER'S PENSION PROPOSAL DATED 14.02.2018 INCLUDING DATA INPUT SHEET ATTACHED WITH THE STATUTORY APPLICATION.
EXHIBIT P1(A) A TRUE COPY OF THE VERIFICATION REPORT NO.P.R.2101899279 DATED 13.4.2018 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P1(B) A TRUE COPY OF THE PROCEEDINGS NO.B4/2462(3)/16K.DIS DATED 17.05.2016 OF DEO, ISSUED TO THE 1ST PETITIONER.
EXHIBIT P2 A TRUE COPY OF 2ND PETITIONER'S SPARK EMPLOYEE DATA SHEET WITH PEN NO.309755.
EXHIBIT P2(A) A TRUE COPY OF THE PROCEEDINGS NO.B4/1950/16//K.DIS DATED 20.2.2016 OF DEO, KANJIRAPPALLY ISSUED TO THE 2ND PETITIONER.
EXHIBIT P2(B) A TRUE COPY OF 2ND PETITIONER'S PENSION PROPOSAL DATED 03.03.2018 INCLUDING DATA INPUT SHEET ATTACHED WITH THE STATUTORY APPLICATION.
EXHIBIT P2(C) A TRUE COPY OF VERIFICATION REPORT NO.P.R.2101810357 DATED 01.05.2018 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE 3RD PETITIONER'S SPARK EMPLOYEE DATA SHEET WITH PEN NO.251134.
EXHIBIT P3(A) TRUE COPY OF 3RD PETITIONER'S PENSION PROPOSAL DATED 22.11.2017 INCLUDING DATA INPUT SHEET ATTACHED WITH THE STATUTORY APPLICATION.
EXHIBIT P3(B) A TRUE COPY OF THE VERIFICATION REPORT NO.P.R21001894257 DATED 24.01.2018 ISSUED BY THE 4TH RESPONDENT 3RD PETITIONER.
EXHIBIT P3(C) A TRUE COPY OF THE GRATUITY PAYMENT ORDER, GPO 121810203 DATED 24.01.2018 OF 3RD PETITIONER ISSUED BY 4TH RESPONDENT.
EXHIBIT P4 A TRUE COPY OF ORDER G.O.(P) WP(C) 19421/2018 & 16609 OF 2019 9 NO.21/2018/FIN. DATED 16.2.2018 OF THE 1ST RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT AS G.O (P) NO.47/2018/FIN DATED 21.3.2018.
EXHIBIT P6 A TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT AS G.O(P) NO.66/2016/FIN DATED 09.05.2016.
EXHIBIT P7 A TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT AS G.O(P) NO.113/2016/FIN DATED 05.08.2016.
EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 14.08.2017 PASSED BY THIS HON'BLE COURT IN WP(C) NO.30167/2016.
EXHIBIT P9 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT VIDE G.O (RT) NO.7194/2015/FIN DATED 06.08.2015.