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Kerala High Court

State Of Kerala vs Varughese.C.G on 3 October, 2019

Bench: A.M.Shaffique, T.V.Anilkumar

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                             &

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

 THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941

                     WA.No.1668 OF 2019

 AGAINST THE ORDER/JUDGMENT IN WP(C) 26532/2010(N) OF HIGH
                      COURT OF KERALA


APPELLANTA/RESPONDENTS 1 TO 4 IN WPC:

      1     STATE OF KERALA
            REPRESENTED BY SECRETARY, HIGHER EDUCATION
            DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

      2     PRINCIPAL SECRETARY
            FINANCE (PENSION-B) DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM.

      3     DIRECTOR OF COLLEGIATE EDUCATION
            THIRUVANANTHPAURAM.

      4     DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
            KOTTAYAM.

            BY GOVERNMENT PLEADER SMT.RAJI T. BHASKAR

RESPONDENTS/PETITIONER & RESPONDENT IN WPC:

      1     VARUGHESE.C.G
            LECTURER, SELECTION GRADE (RETD), DEPARTMENT OF
            BOTANY, ST.THOMAS COLLEGE, KOZHENCHERRY, NOW
            RESIDING AT 'CHAVADIYIL, KOZHENCHERRY,
            PATHANAMTHITTA DISTRICT, PIN-689641
 WA No.1668/19

                                -:2:-

      2         MAHATMA GANDHI UNIVERSITY,
                REP. BY ITS REGISTRAR, ATHIRAMPUZHA,
                KOTTAYAM-686562

                R2 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
                R1 SRI.S.MUHAMMED HANFEEF

     THIS WRIT       APPEAL HAVING      BEEN   FINALLY HEARD ON
03.10.2019, THE      COURT ON THE       SAME   DAY DELIVERED THE
FOLLOWING:
 WA No.1668/19

                               -:3:-




                        JUDGMENT

Dated this the 3rd day of October 2019 Shaffique, J.

Writ appeal is filed challenging the judgment dated 24/5/2018 in WP(C) No.26532/2010. The question was whether the past service in the Central Government can be reckoned for the purpose of pensionary benefits of a retired employee in an aided college. Learned Single Judge observed that the issue is covered by the Full Bench judgment of this Court in State of Kerala v. Haridasan [2015(2) KLT 145 (F.B)].

2. While impugning the aforesaid judgment, learned Government Pleader fairly submits that though a review petition was filed, the same was dismissed and the Special Leave Petition filed against the said judgment also stands dismissed.

Under such circumstances, the learned Single Judge was justified in allowing the writ petition based on the Full Bench judgment. We do not find any ground to interfere with the said WA No.1668/19 -:4:- judgment.

Writ appeal is dismissed.

Sd/-

A.M.SHAFFIQUE JUDGE Sd/-


                                         T.V.ANILKUMAR

Rp              True Copy                   JUDGE

                PS to Judge