Petitioner sought pension recognition for periods as a school teacher and feature writer. Court held that leaving a pensionable post for a non-pensionable contract job triggers forfeiture of past service, upholding the impugned order dismissing the petition.
None. Petition dismissed and no costs awarded to the Government.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
WEDNESDAY, THE 5TH SEPTEMBER 2007 / 14TH BHADRA 1929
OP.No. 33659 of 2002(F)
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PETITIONER:
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P.M.LAKSHMANAN, S/O. KUNHAMBU, AGED 71, RETIRED COLLEGE PRINCIPAL, PARASSINIKADAVU MADAPPURA, PARASSINIKADAVU P.O., KANNUR DISTRICT.
BY ADV. SRI.N.N.SUGUNAPALAN (SR.)
RESPONDENTS:
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1. COMMISIONER & SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, GOVT. SECRETARIAT,THIRUVANANTHAPURAM.
2. COMMISSIONER OF COLLEGIATE EDUCATION, (D) DEPARTMENT, GOVERN MENT OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
3. DIRECTOR OF COLLEGIATE EDUCTION, KERALA, THIRUVANANTHAPURAM.
4. ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SMT. T.B. REMANI
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON CMP NO. 56859/2002 IN OP NO. 33659/2002 F.
DISMISSED
05/09/2007. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE.
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1. COPY OF THE MEMO DT. 19/12/62 BY THE DIRECTOR, PRD TO THE PETITIONER. EXT.P2. COPY OF THE MEMO DT. 27/2/65 BY THE DIRECTOR, PRD TO THE PETITIONER. EXT.P3. COPY OF THE LETTER DT. 14/09/90 by the R3 TO THE R4.
EXT.P4. COPY OF THE LETTER DT. 1/11/90 BY THE R4.
EXT.P5. COPY OF THE REPRESENTATION DT. 26/12/91 BY THE PETITIONER BEFORE THE GOVT.
EXT.P6. COPY OF THE REPLY DT. 27/2/92 RECEIVED BY THE PETITIONER FROM THE R1.
EXT.P7. COPY OF THE REPRESENTATION DT. 15/4/92 BY THE PETITIONER BEFORE THE R1.
EXT.P8. COPY OF THE REPLY DT. 14/1/93 RECEIVED BY THE PETITIONER FROM THE R1.
EXT.P9. COPY OF THE JUDGMENT OF THIS COURT ON 3/4/96 IN OP NO. 11467/93. EXT.P10. COPY OF THE JUDGMENT OF THIS COURT DATED 17/12/2001 IN WA NO. 1580/96.
EXT.P12. COPY OF THE ORDER DT. 5/6/02 BY THE GOVT.
RESPONDENT'S EXHIBITS NIL.
True copy
tga
THOTTATHIL B.RADHAKRISHNAN, J.
O.P.No.33659 OF 2002
Dated this the 5th day of September, 2007
JUDGMENT
Petitioner was an aided school teacher from 17.7.1956 to 3.6.1963 when he resigned that appointment to take up the appointment as a Feature Writer in the Public Relations Department on contract basis. He worked in such capacity from 21.6.1963 to 28.2.1965. Thereafter he worked as a College Lecturer from 1.7.1966 and retired on 31.3.1987.
OP.33659/02
Page numbers
pensionable employment and therefore, such resignation would result in forfeiture of past service in terms of Rule 21 in Part III K.S.R. In the counter affidavit, it has been further attempted to be shown that during his tenure as an aided school teacher, the petitioner proceeded on long leave to obtain Post Graduate qualification, which was unnecessary for an aided school teacher and therefore, that is also a ground which would result in brake of service.
OP.33659/02
Page numbers
In the result, the writ petition fails. The same is accordingly dismissed. No costs.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge
kkb.
OP.33659/02
Page numbers
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THOTTATHIL B. RADHAKRISHNAN, J
O.P.NO.33659 OF 2002
JUDGMENT
5th SEPTEMBER, 2007.
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3 issues framed by the court
Whether periods spent by the petitioner as an aided school teacher and a contract appointee are entitlement to be reckoned for determining the total length of pensionable service.
Whether resignation from an appointment to take up non-pensionable employment results in forfeiture of past service.
Whether the Government's decision to deny recognition of service for pension calculation was handled reasonably under the Kerala Service Rules.
1 provisions across 1 enactments
P.M. Lakshmanan
Commissioner & Secretary, Finance Department, Government of Kerala
Commissioner of Collegiate Education
Director of Collegiate Education, Kerala
Accountant General, Kerala
Thottathil B. Radhakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
