Kerala High Court
C.Sarada vs The Accountant General (A&E) on 22 January, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
WP(C).No.5024 OF 2012(C)
PETITIONER:
C.SARADA, AGED 55 YEARS, W/O.M.KALADHARAN,
RETD.PART TIME NEEDLE WORK TEACHER,
D.M.U.P.SCHOOL, ELAVANCHERY,
RESIDING AT CHERUNGOLIKALAM,
KARIPODE P.O., PALAKKAD.
BY ADV. SRI.U.BALAGANGADHARAN
RESPONDENTS:
1 THE ACCOUNTANT GENERAL (A&E)
KERALA, THIRUVANANTHAPURAM-695 001.
2 STATE OF KERALA
REPRESENTED BY SECRETARY,
GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
3 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM-695 001.
4 ASSISTANT EDUCATIONAL OFFICER
KOLLANGODE, PALAKKAD-678 506.
5 THE MANAGER, D.M.U.P.SCHOOL,
ELEVANCHERY, PALAKKAD-678 504.
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 5024/12
2
JUDGMENT
The petitioner says that she retired as a Part Time Specialist Teacher from the services of DMUP School, Palakkad - of which the 5 th respondent is the Manager; and she impugns Exts.P4 and P15 to the extent to which it denies pension, reckoning her services as a Part Time Specialist Teacher with Full Time benefits. She says that, in fact, identically placed persons had been granted this benefit by the Government through GO(Rt)No.2102/09/G.Edn dated 10.01.2009 and that subsequently, another 112 Part-time Teachers were granted the same benefit as per the directions of this Court in certain Writ Petitions, as is evident from Ext.P11.
2. The petitioner adds that, however, the benefits granted through Ext.P11 and the aforementioned Government Order dated 10.01.2009, have been denied to her solely WPC 5024/12 3 because she had retired before Ext.P11 order had been issued.
3. The petitioner, through her learned counsel - Sri.U.Balagangadharan, asserts that since the Government had taken the first decision to grant such benefits to 10 teachers on 10.01.2009 and since Ext.P11 was issued consequentially to grant similar benefits to 112 other Part Time Specialist Teachers, she ought to have been included in the said process. She, therefore, prays that Exts.P4 and P15 be set aside and the Government be directed to issue orders granting her the full time benefits.
4. In response, Sri.P.M.Manoj - learned Senior Government Pleader, submitted that the petitioner cannot claim benefits under Ext.P11, since it has been specified therein that it is intended for 112 Part Time Specialist Teachers, whose names are WPC 5024/12 4 enumerated therein; and that the benefits of the said order will apply only prospectively. He submitted that unfortunately, the petitioner retired much before Ext.P11 had been issued and therefore, that she was not included in the list of beneficiaries. He, therefore, prayed that this Writ Petition be dismissed.
5. When I consider the afore submissions, it is without doubt that the only reason why the petitioner has been denied the benefits of Ext.P11 order is that she was not in service when it had been issued. The said order, of course, says that the benefits therein are prospective and that it will apply only from the date of that order.
6. That said, however, the relevant question is not whether the petitioner is entitled to the benefits under Ext.P11, but whether she is entitled to be given the WPC 5024/12 5 benefits as were granted by the Government to ten other Part Time Specialist Teachers, through order dated 10.01.2009. On that day, the petitioner was certainly available in service and it is, indubitably, on the claims of identically placed persons that this Court had directed proceedings like Ext.P11 to be considered by the Government.
7. Obviously, therefore, I cannot find the request of the petitioner to be unjustified that she should be treated at par with the ten Part Time Specialist Teachers who were given full time benefits through the afore Government Order; especially because though Ext.P11 says that it is applicable only to the 112 other teachers mentioned therein, I do not think that the petitioner should be foreclosed from making such a request before the Government.
In the afore circumstances, I order this WPC 5024/12 6 writ petition and set aside Ext.P15; with a consequential direction to the Government to reconsider the petitioner's claim, taking note of the Government Order dated 10.01.2009 and decide whether the benefits thereunder can be granted to her also, as has been done in the case of 112 other teachers, which is manifest from Ext.P11 order.
The afore exercise shall be completed by the Government, after affording an opportunity of being heard to the petitioner - either physically or through videoconferencing - thus culminating in an appropriate order thereon as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
Needless to say, if, after the afore exercise, the petitioner is found eligible to the benefits as claimed by her, the competent Authority will issue necessary resultant WPC 5024/12 7 orders and disburse the same to her without any avoidable delay, but not later than two months thereafter.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 5024/12
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF
DATA INPUT SHEET SEEKING TO GRANT PENSION AND DCRG.
EXHIBIT P2 TRUE COPY OF THE VERIFICATION REPORT DATED 19/01/2009 ISSUED BY THE FIRST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION SEND BY THE 4TH RESPONDENT TO THE FIRST RESPONDENT DATED 09/02/2009.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION OF RECEIVED FROM THE FIRST RESPONDENT BEARING NO. P18/2100929982/1/52 DATED 18/05/2009.
EXHIBIT P5 TRUE COPY OF THE GO(MS) NO.51/95/G.EDN. DATED 15/03/1995. EXHIBIT P6 TRUE COPY OF THE GO(MS) NO.62/73/G.EDN. DATED 02/05/1973. EXHIBIT P7 TRUE COPY OF THE GO(MS)474/69/EDN.
DATED 09/12/1969.
EXHIBIT P8 TRUE COPY OF GO(RT) 5081/2000/G.EDN DATED 12/12/2000.
EXHIBIT P9 TRUE COPY OF THE GO(RT) 4269/2000/G.EDN. DATED 21.10.2000. EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WPC 34181/06 DATED 10/11/2008.
EXHIBIT P11 TRUE COPY OF THE GO(MS) NO.257/09/G.EDN.DATED 31/12/2009. EXHIBIT P12 TRUE COPY OF THE GO(MS) NO.187/2011/G.EDN. DATED 05/09/2011. WPC 5024/12 9 EXHIBIT P13 TRUE COPY OF THE AFFIDAVIT IN IA 17582/2011 IN WPC 25550/09 DATED 31/10/2011.
EXHIBIT P14 TRUE COPY OF THE JUDGMENT IN WPC 25550/2009 DATED 09/11/2011.
EXHIBIT P15 TRUE COPY OF THE GO(RT) NO.120/2012/G.EDN. DATED 07/01/2012.