Dismissed

P.Simon v. State of Kerala

Kerala HC14 Jul 2010WP(C)/6776/2009

Case brief

AI extract

What is this about?

This judgment disposed of a writ petition filed by a retired police constable seeking pension based on total qualifying service of 32 years. The court noted the petitioner was removed from service in 1982 for desertion and later re-appointed. The court held the impugned order excluding post-1982 service was not erroneous and dismissed the petition.

What did the court decide?

The writ petition was dismissed. The impugned pension payment order was upheld.

P.Simon Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932

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WP(C).No. 6776 of 2009(N)

PETITIONER:

P.SIMON, T.C. 47/244, RETD. POLICE CONSTABLE, NEAR CHURCH, POONTHURA, THIRUVANANTHAPURAM-26.

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BY ADV. SRI.E.S.ASHRAF SRI.ALPHONS D XAVIER

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM.

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DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-10.

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DEPUTY INSPECTOR GENERAL OF POLICE, A.P.BATTALLION, THIRUVANANTHAPURAM-10.

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THE COMMANDANT,

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SPECIAL ARMED POLICE, THIRUVANANTHAPURAM-5.

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BY GOVT. PLEADER SRI. ARAVINDKUMAR BABU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC, J.

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W.P.(C) No. 6776 OF 2009

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Dated this the 14^th day of July, 2010

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J U D G M E N T

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The petitioner joined service as a Police Constable on 21.11.1975 and he retired from service on 30.11.2007. His grievance is that although he had a total qualifying service of about 32 years, only 12 years is reckoned for the purpose of pension. Though he represented the matter, it was rejected by Ext.P3. It is in these circumstances, this writ petition is filed.

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However, a reading of the impugned order shows that after commencing service on 21.11.1975, the petitioner deserted from duty and he was finally removed from service with effect from 1.6.1982. Aggrieved thereby, the petitioner filed appeal before the fourth respondent, which was rejected. Review petitoin was also rejected. However finally by Ext.P1 order dated 2.2.2002, the petitioner was appointed as a fresh recruit. In this order it was made clear that his previous service alone will be reckoned. Consequently the service subsequent to 1.6.1982 till he rejoined service on 11.2.2002 was not liable to be reckoned for pension. It

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WPC No.6776/09

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was therefore that when Ext.P2 pension payment order was issued, 19 years and 8 months out of the period between 21.11.1975 to 30.11.2007 was excluded and his qualifying service was fixed at 12 years. It is on account of these facts that his revision before the Government was earlier rejected as per Ex.P3. I see nothing erroneous in the view taken by the Government.

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The writ petition fails and is dismissed.

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ANTONY DOMINIC (JUDGE)

vps

WPC No.6776/09

WPC No.6776/09

P.Simon v. State of Kerala

Case brief

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P.Simon v. State of Kerala

Case brief

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