This writ petition challenged the rejection of a claim to reckon previous service as a PD Teacher for retirement benefits after appointment in the Treasury Department. The Court dismissed the petition, holding the Government Order inapplicable.
Writ petition dismissed as the claim for service reckoning was rightly rejected.
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
THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932
WP(C).No. 13159 of 2008(N)
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PETITIONER(S):
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N.C.RAJAN, S/O.CHENANKUTTY, RESIDING AT NOCHIYIL HOUSE, MANNANPETTAH, VARAKKARA.P.O., AMBALLOOR, THRISSUR DISTRICT.
BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION(B), SECRETARIAT, THIRUVANANTHAPURAM.
2. THE SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM.
3. THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM.
4. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.
GOVT.PLEADER SRI.ANTONY MUKATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J. ================ W.P.(C) NO. 13159 OF 2008 (N)
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Dated this the 15th day of July, 2010
J U D G M E N T
Petitioner commenced his service as PD Teacher on 8/12/82 and continued till 20/7/84. That appointment was on a provisional basis and according to the petitioner, scale of pay was Rs.6601050. Subsequently, he got appointed in the Treasury Department as a Junior Superintendent in the Scale of Pay of Rs.640-1000. In that Department, petitioner joined service on 21/7/84. In this writ petition his claim is that his previous service as PD Teacher should also be reckoned for increment and higher grade. That was considered and rejected by Ext.P6. It is this order, which is under challenge. A reading of this order shows that the claim of the petitioner has been considered in the light of the provisions contained in GO(P) No.3000/04/146/Fin. dated 26/6/04. It is stated that the benefit of the Government Order is available only to those appointed in the same post in a different Department.
WPC No. 13159/08
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to the same post, and therefore, the provisions of the Government Order are inapplicable. Even otherwise, going by the provisions as contained in the Government Decision No.2 of Rule 33 of General Rules, this benefit was applicable only to those appointed in the same post and on the same scale of pay. In this case, these conditions are inapplicable. Even otherwise, the said Government Decision No.2 has been deleted w.e.f. 1/10/94, and therefore, the benefit at any rate is inadmissible. In that view of the matter, there is nothing vitiating Ext.P6 and therefore the claim has been rightly rejected.
Writ petition fails and is dismissed.
ANTONY DOMINIC, JUDGE
Rp
2 issues framed by the court
Whether the petitioner's previous service as a PD Teacher can be reckoned for retirement benefits upon subsequent appointment in the Treasury Department under the relevant Government Order?
Whether the conditions for the benefit under Government Order No.3000/04/146/Fin. and Government Decision No.2 are satisfied in the present case?
N.C.Rajan
State of Kerala
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
