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Documents citing State Of Kerala vs P. Haridasan on 27 February, 2019

No.1 (Ad Hoc) vs Varghese on 9 July, 2020

16. It is notable that in that case actually the Assistant Crl.R.P.2902/2005 15 Surgeon attached to the Government hospital, Calicut, was examined and proved Ext.P3 intimation sent by him stating that one Hassan Koya has been admitted in that hospital for injuries alleged to have caused by stabbing on the chest by one Haridasan and he expressed his inability to speak the nature of the injuries in the absence of the wound certificate.
Kerala High Court Cites 12 - Cited by 0 - M R Anitha - Full Document

Deputy Director Of Collegiate ... vs Leelamma Philip.K on 6 March, 2020

3. The learned Single Judge by the impugned judgment allowed the writ petition and directed the respondents/appellants herein to re- fix the pension of the petitioner reckoning the service rendered under the Central Government Department prior to her appointment in aided college. While impugning the aforesaid judgment, the learned Government Pleader submits that though Teachers in aided colleges are also entitled for the benefit of pension if he or she had worked in Central Government service as laid down by a Full Bench of this Court in State of Kerala v. Haridasan (2015 (2) KLT 145 (FB), the service in the VSSC cannot be termed as Central Government service.
Kerala High Court Cites 1 - Cited by 0 - Full Document

Dr. N. Vijayakumar vs State Of Kerala on 29 June, 2022

6. When I consider the afore submissions and in particular the directions in Ext.P2 judgment, it is manifest that same had been issued based on the declarations of the learned Full Bench in Haridasan (supra). It is also mentioned therein that the contention impelled by the official respondents in the said case was that the benefit of reckoning previous service will be available only if the former employer had remitted the proportionate pro rata pension liability; but this was repelled, as being not tenable, in view of an earlier judgment obtained by the petitioner therein.
Kerala High Court Cites 1 - Cited by 0 - D Ramachandran - Full Document

Thresiamma Thomas vs Union Of India

3. A Full Bench of this Court in the judgment in State of Kerala v. Haridasan : 2015 (2) KLT 145 held W.P.(C).Nos.24888 of 2009, 33361 of 2010, 8018 of 2015 and 38263 of 2017 2 that service rendered under Central Government departments by Aided College teachers prior to their appointment in the Aided Colleges are liable to be reckoned for the purpose of pension in view of Note 2 to Rule 11 of Part III of Kerala Service Rules. The provisions contained in the First Statutes of the University of Kerala as well as Calicut University provides that the retirement benefits like pension in the case of the Aided College teachers shall be as in the case of Government College teachers. The provisions contained in the University Statutes of Kerala University are made applicable to the Private College teachers coming under the Mahatma Gandhi University also. Therefore the petitioners in all these cases are entitled to get their pension re-fixed considering their service under Central Government.
Kerala High Court Cites 1 - Cited by 0 - P V Asha - Full Document

Zakaria Varkey vs State Of Kerala on 20 June, 2024

In Ext.P9 judgment, after taking note of the clarification made in Ext P8 and also the principles laid down by the Apex Court in Valsan P. v. State of Kearala and Ors. [2021 (6) KLT 287] and this Court in State of Kerala v. Haridasan [2015(2) KLT 145], a direction was issued to the respondents therein to grant WPC.No.23050/23 6 pensionary benefits to the petitioner therein, taking note of the prior service as well, which was sandwiched with non-qualifying service as break between the two regular services. The learned counsel for the petitioner also made available the judgment passed by a Division Bench of this Court in W.P.C.No.1836 of 2023 by which Ext.P9 judgment was upheld.
Kerala High Court Cites 1 - Cited by 0 - Full Document

Zakaria Varkey vs State Of Kerala on 31 March, 2026

Petitioner, initially worked with the Central Government for the period from 29.08.1986 till 03.11.1989. Thereafter, he was appointed at the S.B. College, Changanacherry, as a Lecturer, though in a leave vacancy, with effect from 09.11.1989. He continued in the afore leave vacancy till 31.10.1990. Later, he was appointed to a substantive vacancy in the very same College, with effect from 20.06.1991, and continued in service till 28.02.2016, on which day he superannuated. The petitioner prayed for reckoning his prior Central Government service, noticed as above, for the purpose of pensionary benefits, etc. By Ext.P4 dated 06.12.2022, the petitioner was informed that, insofar as there was no mobility between the Central Government Service and the State Government service, the prayer of the petitioner could not be considered. This decision was further challenged by filing Ext.P5 representation dated 12.12.2022, before the Government. Pursuant to the directions of this Court in Ext.P6 judgment dated 09.01.2023, in W.P.(C) No.480 of 2023, the Government was directed to consider and 3 WP(C) NO.23050 OF 2023 2026:KER:28766 pass orders on the afore application, with specific reference to the principles laid down in State of Kerala v. Haridasan [2015(2) KLT 145 (FB)]. Pursuant to the afore direction, by Ext.P7 order dated 08.06.2023, the Government took the stand that since the petitioner joined in a leave vacancy in the S.B.College, Changanacherry, for the period from 09.11.1989 till 31.10.1990, the prayer could not be accepted with reference to the provisions of Rule 29(b) Part-III Kerala Service Rules (KSR). The petitioner challenged Ext.P7 by filing the captioned writ petition, also placing reliance on Ext.P8 Government Order dated 24.09.2014. This Court, originally, by a judgment dated 20.06.2024, accepted the claim made by the petitioner, taking into account the Government Order at Ext.P8 as well as Ext.P9 judgment dated 21.02.2023 in W.P.(C) No.42406 of 2022. However, the Government filed a review petition (R.P. No.1135 of 2024) before this Court, pointing out that the break period could not be taken into account for the reason that there was a break in service for the period from 01.11.1990 to 19.06.1991. Taking note of this, by judgment dated 15.11.2024 in R.P. 4 WP(C) NO.23050 OF 2023 2026:KER:28766 No.1135 of 2024, this Court recalled the judgment disposing of the writ petition for fresh consideration. It is in such circumstances that the captioned writ petition has been posted before me.
Kerala High Court Cites 1 - Cited by 0 - Full Document

Deputy Director Of Collegiate ... vs K.Chandran Pillai on 7 February, 2020

This appeal is filed by the State challenging judgment dated 9/4/2018 in WP(C) No. 38263/17. The writ petition was filed inter alia seeking for a direction to provide the petitioner the pensionary benefits taking into account his service in the Food Corporation of India from 17/11/1976 to 11/3/1982 along with his service in an Aided College. In fact, the petitioner had filed an earlier writ petition as WP(C) No. 10323/2008, which was later rejected by judgment dated 31/3/2010. Petitioner preferred WA No.1252/2010 and the Division Bench of this Court by judgment dated 30/7/2015 allowed the writ petition setting aside Exts.P3 and P6 in the said case and respondents were directed to pass consequential orders reckoning prior service of the appellant. The Division Bench also placed reliance upon a Full Bench judgment of this Court in State of Kerala v. Haridasan [(2015 (2) KLT 145 (FB)]. The contention urged by the petitioner was that even after WA No.129/19 -:4:- passing a judgment, the same was not being implemented. It is in the said background that the learned Single Judge in the impugned judgment directed the respondents to refix the pension of the petitioner reckoning his earlier service in the Food Corporation of India and to provide him the benefits payable within 3 months.
Kerala High Court Cites 1 - Cited by 0 - Full Document

V.Vijayakumar vs Deputy Director Of Collegiate ... on 14 July, 2021

2. Petitioner had, after rendering the service in the Accountant General Office, worked as Lecturer (Selection Grade) in the Devaswom Board College, Sasthamcotta and retired from service on 31.03.2009. Controversy with regard to the prior service put in by aided college teacher in Central Government service will be counted as qualifying service for the purpose of pension i.e., Service Rules (Kerala) Part III R.11 Note 2 as per the Full Bench judgment of this Court in State of Kerala Vs. Haridasan (2015 (2) KLT 145). The aforementioned decision was rendered in Review Petition No.1012/2017 filed in the Judgment in W.A.No.645/2010. Said Review Petition was WP(C) NO. 6655 OF 2012 -4- dismissed on 27.02.2019 holding the previous view.
Kerala High Court Cites 1 - Cited by 0 - A Rawal - Full Document
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