Allowed

S.Salahudheen v. State of Kerala

Kerala HC24 Nov 2011WP(C)/10165/2004

Case brief

AI extract

What is this about?

The petitioner, a retired lecturer, challenged an order revising his pensionary benefits after a grant of revised pension based on leave counted as service. The Kerala High Court held the authorities lacked jurisdiction to review this Court's prior judgment in a related operation, thus quashing the impugned order.

What did the court decide?

The impugned order (Ext.P7) revising the petitioner's pensionary benefits is quashed.

S.Salahudheen Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2011)

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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 B.P.RAY

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THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933

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WP(C).No. 10165 of 2004(I)

PETITIONER:

S.SALAHUDHEEN, RETIRED SELECTION GRADE LECTURER IN MATHEMATICS, M.S.M. COLLEGE, KAYAMKULAM, RESIDING AT SHALIMAR, MANNAMALA ROAD, KILIKOLLOOR P.O., KOLLAM-4.

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BY ADV. SRI.C.P.SUDHAKARA PRASAD, SENIOR ADVOCATE SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.NAVEEN.T

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM.

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THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM.

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THE SENIOR ACCOUNTS OFFICER (ASST. ACCOUNTANT GENERAL), OFFICE OF THE ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM.

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THE DISTRICT/SUB TREASURY OFFICER, PENSION PAYMENT TREASURY, KOLLAM.

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ADV. SRI. P.M. SANEER, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO. 10165/2004

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF MEMO DATED 14.05.1980 OF THE MANAGER, M.S.M. COLLEGE, KAYAMKULAM.

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EXT.P2 : TRUE COPY OF JUDGMENT DATED 20TH JUNE, 1995 IN O.P NO. 7378/93 OF THIS HON'BLE COURT.

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EXT.P3 : TRUE COPY OF JUDGMENT DATED 20TH SEPTEMBER, 2001 IN O.P. NO. 14224/1996 OF THIS HON'BLE COURT.

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EXT.P4 : TRUE COPY OF JUDGMENT DATED 6TH SEPTEMBER, 2002 IN O.P. NO. 16143/1998 OF THIS HON'BLE COURT.

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EXT.P5 : TRUE COPY OF ORDER NO.P-06/penA/47/0x/01-02 DATED 08.08.2001 ISSUED BY RESPONDENTS 2 AND 3.

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EXT.P6 : TRUE COPY OF ORDER NO.P-06/REVN/4/0x/03-04/334 DATED 08.07.2003 ISSUED BY THE 3RD RESPONDENT.

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EXT.P7 : TRUE COY OF ORDER NO.P-06/REVN/Z44/0x/03-04 DATED 14.02.2004 ISSUED BY THE 3RD RESPONDENT.

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EXT.P8 : TRUE COPY OF THE JUDGMENT DATED 19.05.2010 IN W.P.(C) NO.38970/2003 ETC. OF THIS HON'BLE COURT.

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EXT.P9 : TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.1311/1995 OF THIS HON'BLE COURT.

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EXT.P10 : TRUE COPY OF THE JUDGMENT DATED 15.10.2008 IN WRIT APPEAL NO.1287/2005 OF THIS HON'BLE COURT.

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RESPONDENT'S EXHIBITS:

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EXT.R1(a) : TRUE COPY OF THE G.O(MS) NO.60/02/H.EDN., DATED 15.06.2002. EXT.R1(b) : TRUE COPY OF THE G.O.(MS) NO.137/85/H.EDN. DATED 14.06.1985. EXT.R1(c) : TRUE COPY OF THE G.O.(P) NO.274/70/FIN. DATED 29.04.1970.

//TRUE COPY//

P.A. TO JUDGE.

B.P. RAY, J.

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Dated this the 24^th day of November, 2011.

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JUDGMENT

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The petitioner was appointed as Junior Lecturer in MSM College on 01.08.1970 and after two years he became a lecturer. The petitioner was granted leave without allowance for the period from 27.02.1980 to 26.03.1980. The period he was on leave without allowance was not considered for the purpose of granting Senior Grade/Selection Grade under the U.G.C. Scheme. The petitioner along with six others filed O.P. No. 16143 of 1998 before this Court seeking a declaration that the leave period has to be counted for giving all service benefits. This Court as per order dated 06.09.2002 allowed the original petition directing the respondents to grant consequential benefits to the petitioner. The petitioner was granted the revised pension taking into account the period of leave without allowances as qualifying service and arrears of salary was also given to him. All on a sudden, Ext.P7 order was passed revising the pensionary benefits of the petitioner without considering the period of leave without allowance as qualifying service. It is the

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W.P.(C) No. 10165/2004

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said order which is assailed in this petition.

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Since the petitioner was getting pension in pursuance to Ext.P4 judgment, the authorities has no jurisdiction to sit in appeal over the judgment of this Court passed in O.P. No. 16143 of 1998. Therefore, the impugned order under Ext.P7 cannot be sustained and accordingly it is quashed.

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This writ petition is allowed as above.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) No. 10165/2004

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B.P. RAY, J.

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O.P.No. 13887 of 2002

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Dated this the 16^th day of November, 2011.

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JUDGMENT

S.Salahudheen v. State of Kerala

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S.Salahudheen v. State of Kerala

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