Kerala High Court
Saroj.V.Haridas vs Director Of Collegiate Education on 5 October, 2017
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 5TH DAY OF OCTOBER 2017/13TH ASWINA, 1939
WP(C).No. 29777 of 2017 (V)
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PETITIONER :
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SAROJ.V.HARIDAS
W/O. JAYAPRAKASH, AGED 57 YEARS,
HAVING PERMANENT RESIDENCE AT SAYUJYAM,
NORTH OF M.G.H.S., CIVIL STATION WARD
P.O.ALAPPUZHA-688 001 AND PRESENTLY RESIDING
AT INFRA ASPIRE APARTMENT, FLAT NO.8(C),
VSNL ROAD, KAKKANAD, COCHIN- 682 030
BY ADVS.SMT.SUMATHY DANDAPANI (SR.)
SRI.MILLU DANDAPANI
RESPONDENTS :
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1. DIRECTOR OF COLLEGIATE EDUCATION
DIRECTORATE OF COLLEGIATE EDUCATION,
THIRUVANANTHAPURAM- 695 001
2. ACCOUNTANT GENERAL (AE)
KERALA, THIRUVANANTHAPURAM- 695 001
3. UNIVERSITY OF CALICUT
CALICUT ROAD, MALAPPURAM DIST.
THENHIPALAM, KERALA- 673 635
4. THE SREE NARAYANA TRUST
CONTONMENT, NEAR CONTONMENT SOUTH,
MUNDAKKAL VILLAGE, KOLLAM, KERALA- 691 001
REP. BY ITS MANAGER
WP(C).No. 29777 of 2017 (V)
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5. THE MANAGER
THE SREE NARAYANA TRUST
CONTONMENT, NEAR CONTONMENT SOUTH,
MUNDAKKAL VILLAGE, KOLLAM, KERALA- 691 001
R1 & R2 BY GOVERNMENT PLEADER
SRI.BIJOY CHANDRAN
R3 BY SRI.P.C.SASIDHARAN, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05-10-2017, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 29777 of 2017 (V)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: TRUE COPY OF THE ORDER BEARING NO.GA-
A3/3302/85 DTD 28-03-1985 ISSUED BY THE
3RD RESPONDENT
EXHIBIT P2: TRUE COPY OF THE ORDER BEARING
NO.2/CAL/2178 ISSUED BY THE 5TH
RESPONDENT DTD 19-09-1986
EXHIBIT P3: TRUE COPY OF THE ORDER GA/A3/4128/86
ISSUED BY THE DEPUTY REGISTRAR OF THE
3RD RESPONDENT DTD.04-04-1986
EXHIBIT P4: TRUE COPY OF THE DATA INPUT SHEET ALONG
WITH THE APPLICATION FOR PENSION DTD
19-09-2015
EXHIBIT P5: TRUE COPY OF THE PENSION SANCTIONING
ORDER ISSUED BY THE 2ND RESPONDENT DTD
21-03-2017
EXHIBIT P6: TRUE COPY OF THE VERIFICATION REPORT
ISSUED FROM THE OFFICE OF THE ACCOUNTANT
GENERAL DTD 23-01-2017
EXHIBIT P7: TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DTD 08-03-2017
EXHIBIT P8: TRUE COPY OF THE REPLY GIVEN BY THE 1ST
RESPONDENT DTD 21-03-2017
EXHIBIT P9: TRUE COPY OF THE G.O(P) NO.66/16/FIN. DTD
09-05-2016
EXHIBIT P10: TRUE COPY OF THE G.O(P) 113/16/FIN DTD
5-8-2016
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
P.V.ASHA J.
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W.P.(C).No.29777 of 2017
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Dated this the 5th day of October, 2017
J U D G M E N T
Petitioner filed this writ petition seeking a direction to the respondents to reckon the service rendered by her as Junior Lecturer against a leave vacancy, prior to her commencement of regular service.
2. Petitioner's case is that she was initially appointed as Junior Lecturer (English) in an aided College on 11.01.1984 in a temporary vacancy. She was again appointed in another leave vacancy from 18.06.1984 onwards. She claims that she has been in continuous service since then and her probation was declared on 29.03.1985 and was promoted as Lecturer with effect from 07.11.1988. She retired from service on 31.03.2016. Her complaint is that pensionary benefits are calculated reckoning her service from 03.10.1985 onwards only. Aggrieved by the non- W.P.(C).No.29777 of 2017 2 reckoning of her service from 18.06.1984, for pensionary benefits, she submitted Ext.P8 representation before the Director of Collegiate Education, requesting to re-verify her service book and pension book, pointing out that she is entitled to get her service from 18.06.1984 onwards reckoned for pension. The Director of Collegiate Education rejected her request as per Ext.P9 letter dated 21.03.2017, stating that the service rendered by her for the period from 11.01.1984 to 29.03.1984 and 18.06.1984 to 26.09.1985 were against leave vacancies and hence not liable to be reckoned in the light of the Government Orders Exts.P10 and P11. Petitioner filed this writ petition, contenting that service rendered by the petitioner was against the appointments which are already approved by the University and hence liable to be considered towards qualifying service.
3. Heard the learned Counsel for the petitioner and the learned Government Pleader. W.P.(C).No.29777 of 2017 3
4. In the judgment dated 16.09.2017 in W.P. (C).No.29356 of 2016 and connected cases, I have already considered the question whether the temporary service in leave vacancies in broken spells rendered by teachers in aided Colleges, rendered prior to the commencement of service on regular appointment can be reckoned as qualifying service for pension and it was held that such service rendered in leave vacancies in aided Colleges in broken spells cannot be reckoned for pension, in the light of Rule 14 E
(b) of Part III KSR, relevant portion of which reads as follows:
"(b) aided private college service both teaching and non-teaching of Govt employees prior to their entry in Govt service shall qualify for pensionary benefits, subject to the conditions, namely,
(i) the actual period of regular full time service rendered from the date of actual introduction of direct payment system in the aided private college shall be counted."
(emphasis supplied)
5. Orders Exts.P10 and P11 are in tune with Rule 14 E (b) of Part III KSR and those orders were upheld in the aforesaid judgment.
W.P.(C).No.29777 of 2017 4
In the above circumstances, the case of the petitioner would also be governed by the common judgment dated 16.09.2017 in W.P.(C).No.29356 of 2016 and connected cases and hence the writ petition fails and dismissed.
Sd/-
P.V.ASHA, JUDGE.
AS