Kerala High Court
Thomas Sebastian vs State Of Kerala on 14 August, 2017
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939
WP(C).No. 4717 of 2018
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PETITIONER(S):
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1 THOMAS SEBASTIAN, HEADMASTER,
ST.JOHNS HS, KURUMANNU, KOTTAYAM DISTRICT,
RESIDING AT MOONNANAPPALLIL HOUSE,
THIDANADU (P.O), PIN - 686 123.
2 CHINNAMMA MATHEW, H.S.A (SOCIAL SCIENCE),
ST. JOHNS HS, KURUMANNU, KOTTAYAM DISTRICT,
RESIDING AT PADINJARAYIL HOUSE,
THUDANANGAD (P.O) PALA, PIN - 685 587.
3 PRIVATE SCHOOL GRADUATE TEACHERS ASSOCIATION,
KERALA (PGTA KERALA)
REPRESENTED BY ITS PRESIDENT,
SIBI ANTONY, ST. SEBASTIAN'S HSS, KADANAD,
KADANADU P.O, KOTTAYAM DISTRICT, PIN - 685 581.
BY ADVS.SRI.SIJI ANTONY
SRI.P.M.JOSEPH
SRI.R.S.HARI KUMAR
SRI.P.S.SAJEEV (CHIRAYIL)
RESPONDENT(S):
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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. DIRECTOR OF PUBLIC INSTRUCTIONS,
D.P.I OFFICE, THIRUVANANTHAPURAM - 695 006.
4. THE ACCOUNTANT GENERAL(A& E),KERALA,
THIRUVANANTHAPURAM, PIN - 695 039.
5. THE DEPUTY DIRECTOR OF EDUCATION,
KOTTAYAM, OFFICE OF D.D.E,
VAYASSKARAKUNU, KOTTAYAM, PIN - 686 001.
BY SENIOR GOVERNMENT PLEADER SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12-02-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 4717 of 2018 (L)
APPENDIX
PETITIONERS' EXHIBITS:
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EXHIBIT P1 A TRUE COPY OF JUDGMENT DATED 14-08-2017 PASSED
BY THIS HON'BLE COURT IN W.P(C) NO 30167/2016.
EXHIBIT P2 TRUE COPY OF THE EMPLOYEE DATA SHEET OF THE
1ST PETITIONER BEARING PERMANENT EMPLOYEE NUMBER
(PEN) 223961.
EXHIBIT P2(A) A TRUE COPY OF PENSION PROPOSAL DATED 10-08-2017
OF THE 1ST PETITIONER IS SUBMITTED BY 4TH RESPONDENT.
EXHIBIT P2(B) TRUE COPY OF REVISED PENSION PROPOSAL OF THE
1ST PETITIONER.
EXHIBIT P2(C) A TRUE COPY OF THE VERIFICATION REPORT ISSUED BY
4TH RESPONDENT WITH P.R NO. 2101792540,DATED 16-01-2018.
EXHIBIT P2(D) TRUE COPY OF INTIMATION SLIP DATED 12-01-2018
ALONG WITH PPO/GPO/CPO ORDERS.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE
BOOK OF THE 2ND PETITIONER BEARING PERMANENT
EMPLOYEE NUMBER(PEN) 487299.
EXHIBIT P3(A) A TRUE COPY OF PENSION PROPOSAL DATED 10-08-2017
OF THE 2ND PETITIONER IS SUBMITTED BY 4TH RESPONDENT.
EXHIBIT P3(B) A TRUE COPY OF THE VERIFICATION REPORT ISSUED BY
4TH RESPONDENT WITH P.R NO. 2101789083,DATED 28-09-2017.
EXHIBIT P3(C) TRUE COPY OF INTIMATION SLIP DATED 9-10-2017
ALONG WITH PPO/GPO/CPO ORDERS ARE.
EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT
G.O(P) NO. 66/2016/FIN. DATED 09-05-2016.
EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT
G.O(P) NO. 113/2016/FIN. DATED 05-08-2016.
EXHIBIT P6 TRUE COPY OF LETTER DATED 10-01-2018 BY THE 4TH RESPONDENT
ADDRESSED TO THE 1ST RESPONDENT WITH COPY TO 1ST PETITIONER.
EXHIBIT P6(A) TRUE COPY OF LETTER DATED 10-01-2018 BY THE
4TH RESPONDENT ADDRESSED TO THE 5TH RESPONDENT
WITH COPY TO 1ST PETITIONER.
EXHIBIT P6(B) TRUE COPY OF LETTER DATED 16-01-2018 BY THE
4TH RESPONDENT ADDRESSED TO THE 1ST RESPONDENT
WITH COPY TO 2ND PETITIONER.
EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 19-01-2018 OF
THE 3RD PETITIONER SUBMITTED TO THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
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/TRUE COPY/
P.S.TO JUDGE
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ANU SIVARAMAN, J.
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W.P.(C). No.4717 of 2018
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Dated this the 12th day of February,2018
JUDGMENT
1. The 1st petitioner as Headmaster of an aided school and 2 nd petitioner is a High School Assistant. The petitioners' grievance is that the broken/provisional service rendered by them in an Aided School prior to their commencement of the regular service is not reckoned for the purpose of pension. The third petitioner who is an association of aided school treachers has preferrred Ext. P7 representation before the Government seeking directions to take further steps for reckoning broken period of approved aided school service for pension.
2. This Court has 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 Schools is liable to be considered for pension. The case of the 1 st and the 2nd petitioner would also be governed by the said judgment. W.P.(C).No.4717/18 2
3. In the above circumstances, this writ petition is disposed of directing the respondents to re-fix the pensionary benefits of the petitioners 1 and 2, after reckoning the provisional service rendered by them in Aided School along with the regular service and to grant them all consequential benefits. Such benefits shall be granted to the petitioners 1 and 2 within a period of three months from the date of receipt of a copy of this judgment.
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ANU SIVARAMAN JUDGE sj