Kerala High Court
Mohammed K vs State Of Kerala on 19 July, 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
MONDAY, THE 18TH DAY OF SEPTEMBER 2017/27TH BHADRA, 1939
WP(C).No. 29060 of 2017 (F)
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PETITIONER(S):
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1. MOHAMMED K.,
AGED 57 YEARS,H.S.A.URUDU FILL TIME TEACHER(RETIRED),
MARKAZ HSS, KARANTHUR,
KOZHIKODE DISTRICT,RESIDING AT PARASSERY
KALATHINGAL HOUSE,MUKKAM,KARASSERY.P.O,
KOZHIKODE DISTRICT,PIN-673602.
2. ABDUL RAHIMAN.T,
AGED 57 YEARS,FULL TIME ARABIC TEACHER(RETIRED),
G.M.L.P.SCHOOL,CHERUR,MALAPPURAM DISTRICT,
RESIDING AT PULIKALAKANDI HOUSE,
KONDOTTYM,OLAVATTOOR(P.O),
MALAPPURAM DISTRICT,PIN-673368.
BY ADV. SRI.SIJI ANTONY
RESPONDENT(S):
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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-695039.
BY SENIOR GOVERNMENT PLEADER SMT NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18-09-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 29060 of 2017 (F)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE DATA INPUT SHEET ATTACHED WITH THE
STATUTORY APPLICATION
EXHIBIT P2 TRUE COPY OF THE VERTIFICATION REPORT
NO.P.R.2101781897 DATED 19.07.2017
EXHIBIT P2(A) TRUE COPY OF THE INTIMATION SLIP OF PENSIONARY
BENEFITS DATED 19.07.2017
EXHIBIT P3 TRUE COPY OF THE DATA INPUT SHEET ATTACHED WITH THE
STATUTORY APPLICATION BY THE 2ND PETITIONER
EXHIBIT P4 TRUE COPY OF THE VERIFICATION REPORT P.R.2101784079
ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER
DATED 25.07.2017
EXHIBIT P4(A) TRUE COPY OF THE INTIMATION SLIP OF PENSIONARY
BENEFITS ISSUED BY THE 4TH RESPONDENT TO THE 2ND
PETITIONER DATED 25.07.2017
EXHIBIT P5 TRUE COPY OF THE ORDER G.O(P)NO.66/2016/FIN DATED
09.05.2016
EXHIBIT P6 TRUE COPY OF THE ORDER G.O(P)NO.113/2016/FIN.ISSUED BY
THE 1ST RESPONDENT DATED 05.08.2016
EXHIBIT P7 TRUE COPY OF THE ORDER G.O(RT)N0.7194/2015/FIN
DATED 06.08.2015
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P(C)NO.20495/2013
DATED 23.07.2014
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.A.NO.377/2015
DATED 23.2.2015
EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN SLP(C)NO.19441/2015
DATED 20.07.2015.
RESPONDENT(S)' EXHIBITS NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
P.V.ASHA, J.
W.P.(C) No.29060 of 2017
Dated this the 18th day of September, 2017
JUDGMENT
Petitioners, who are retired Urdu Full Time Teachers, have filed this writ petition challenging the orders Exts.P5 and P6 by which Government ordered that broken spells of service rendered by them in aided schools prior to their entry in regular service in aided school would not be counted for the purpose of pension.
2. I have considered similar cases and held that the orders Exts.P5 and P6 to the extent it relates to counting of aided school service prior to their regular service are illegal. The case of the petitioners would also be governed by paragraphs 1 to 28 of the judgment dated 14.8.2017 in WP(C) No.30167 of 2016.
The pensionary benefits due to the petitioners shall therefore be refixed in the light of the directions contained in that judgment. Respondents shall take appropriate steps for granting the pensionary benefits due to the petitioners within a period of three months from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA JUDGE rkc