High Court of Kerala dismissed petition seeking recognition of leave without allowance as qualifying service for pension, ruling that petitioners failed to prove leave was granted without condition barring such reckoning.
Rejection of claim to reckon leave without allowance as qualifying service for pension.
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 ANTONY DOMINIC
MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932
OP.No. 24321 of 2001(U) -----------------------
PETITIONERS(S):
BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.E.S.ASHRAF SRI.T.V.VIJAYARAJAN
RESPONDENT(S):
THE COMMISISONER & PRINCIPAL SECRETARY TO GOVENRMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
BY GOVT. PLEADER SRI. P. NANDAKUMAR
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
Ext.P1. True copy of the letter NO.12258/D2/87/ H Edn. of the Government.
Ext.P2. True copy of the G.O(Rt.) NO.1395/97/ H Edn. of the Government.
Ext.P3. True copy of the letter of the Director of Collegiate Education, Thiruvananthapuram.
Ext.P4. True copy of the G.O(MS) NO.63/2000/ H Edn. of the Government.
Ext.P5. True copy of the letter NO.24205/D1/2000/ H Edn. of the Government.
Ext.P6. True copy of the G.O(MS)NO.50/2001/ H Edn. of the Government. // true copy //
P.S TO JUDGE.
ANTONY DOMINIC, J.
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O.P. NO.24321 OF 2001(U)
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Dated this the 26th day of July, 2010
J U D G M E N T
Petitioners were granted leave without allowance for the period from 1.6.1977 to 31.5 1982 and from 1.6.1982 to 31.5.1987. According to the petitioners in Ext.P1, it was clarified that leave without allowance granted by the Management of the Private Colleges coming under the direct payment scheme to their staff prior to the issuance of GO(MS) No.136/85/H.Edn dated 14.6.1985 can be reckoned as qualifying service for the purpose of pension unless otherwise specified in the orders sanctioning leave. It is stated that Ext.P1 was cancelled by Ext.P6 dated 2.4.2001, only with prospective effect. It is contended that their leave was sanctioned prior to Ext.P6 and therefore they are entitled to get the benefit of Ext.P1. They are also relying on Ext.P4 where the period of leave without allowance was reckoned as qualifying service.
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OP. No.24321/01
sanctioning leave. In view of the said contention it was for the petitioners to have satisfied this court that the grant of leave without allowance was without any condition as specified in Ext.P1. In this writ petition petitioners have not produced the orders granting them leave without allowance and therefore this court is not in a position to conclude that there is no condition in the order granting leave to them. In so far as Ext.P4 relied on by the petitioners is concerned, a reading of Ext.P4 itself shows that the order sanctioning leave to the beneficiary of the said order did not contain any condition, that the period will not be reckoned as qualifying service. It was therefore that by Ext.P4 the benefit was granted. Since the petitioners have not established that the grant of leave without allowance was without any condition, this court is not in a position to grant any relief to them.
Writ Petition fails and is dismissed.
(ANTONY DOMINIC) JUDGE
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OP. No.24321/01
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ANTONY DOMINIC, J.
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O.P. NO.24321 OF 2001(U)
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Dated this the 26th day of July, 2010
J U D G M E N T
1 issue framed by the court
Whether petitioners entitled to reckon leave without allowance as qualifying service for pension under Government Order No.12258.
3 provisions across 1 enactments
Prof. Geevarughese John
Prof. John Kuruvilla
Commissioner & Principal Secretary to Government
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
