Kerala High Court
Ambikadevi Kunjamma. S vs State Of Kerala on 9 May, 2016
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 26TH DAY OF SEPTEMBER 2017/4TH ASWINA, 1939
WP(C).No. 39163 of 2016 (U)
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PETITIONER(S):
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AMBIKADEVI KUNJAMMA. S.,
AGED 55 YEARS, W/O.BABU M.P.,
''AMBALAYAM'', NEDUMPANA P.O,
KOLLAM-691 576.
BY ADVS.SRI.NAVEEN.T.,
SRI.JIBU P THOMAS.
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARYTO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE ACCOUNTANT GENERAL,
KERALA, THIRUVANANTHAPURAM-695 001.
BY SR. GOVT. PLEADER SMT.MARY BEENA JOSEPH.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 26-09-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
rs.
WP(C).No. 39163 of 2016 (U)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 : TRUE COPY OF THE DATA INPUT SHEET SUBMITTED BY THE
HEADMASTER OF THE SCHOOL.
EXHIBIT P2 : TRUE COPY OF THE VERIFICATION REPORT.
EXHIBIT P3 : TRUE COPY OF THE GOVERNMENT ORDER DATED 09-05-2016.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
P.V.ASHA, J.
W.P.(C) No.39163 of 2016
Dated this the 26th day of September, 2017
JUDGMENT
The petitioner, who is retired from service, while working as UPSA on 31.5.2016, is aggrieved by Ext.P3 order, issued by the Government, by which the Government directed that prior aided school service rendered before the commencement of regular service in aided school cannot be reckoned towards pension. The petitioner has broken spells of service, prior to her regular appointment.
I have considered identical matters and set aside Ext.P3 order in WP(C) No.30169 of 2016 and connected cases to the extent it relates to broken spells of aided school service. The case of the petitioner also will be governed by paragraphs 1 to 28 of the said judgment. Accordingly, there shall be a direction to the respondent to refix the pensionary benefits, due to the petitioner, in accordance with the directions contained therein, within a period of three months.
sd/-
P.V.ASHA JUDGE rkc