Dismissed

P.K.Ponnappan v. State of Kerala

Kerala HC8 Nov 2011WP(C)/9456/2005

Case brief

AI extract

What is this about?

Writ petition challenging the denial of period from 21.06.1997 to 10.10.2001 as eligible service for pension by a retired drawing teacher. Petitioner sought quashing of subordinate orders and direction to treat period as duty. Court found no illegality or impropriety in impugned orders.

What did the court decide?

Petitioner's prayers to quash orders P4, P5, P6 and direct modification of service records and payment of salary benefits were dismissed.

P.K.Ponnappan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE B.P.RAY

¶4

TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933

¶5

WP(C).No. 9456 of 2005(A)

¶6

-----------------------------------

¶7

PETITIONER : -

¶8

----------------------

¶9

P.K. PONNAPPAN, DRAWING TEACHER (RTD.) MMUPS KUPPOM, DEVINILASAM QUARTERS, PULIMPARAMBA, TALIPARAMBA P.O., KANNUR DISTRICT.

¶10

BY ADVS. SRI.H.BADARUDDIN SRI.C.A.JOSEPH

¶11

RESPONDENTS : -

¶12

--------------------------

¶13

1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION,

¶14

SECRETARIAT, THIRUVANANTHAPURAM.

¶15

2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

¶16

3. DISTRICT EDUCATION OFFICER, KANNUR.

¶17

4. THE ASSISTANT EDUCATION OFFICER, TALIPARAMBA P.O., TALIPARAMBA.

¶18

R1 TO R4 BY GOVERNMENT PLEADER SRI. SHIBU JOSEPH

¶19

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

WP(C).No. 9456 of 2005(A)

¶21

APPENDIX

¶22

PETITIONER'S EXHIBITS:

¶23

EXT P1 :	COPY OF SUSPENSION UNDER ISSUE BY THE 4^thRESPONDENT DATED 27.07.99.
EXT P2 :	COPY OF ORDER NO. G4/5289/99 DPI DATED 04.10.2001.
EXT P3 :	COPY OF ORDER NO. C. 3398 / 01/K Dis DATED 21.11.2001.
EXT P4 :	COPY OF ORDER NO. B6/1944/02/K Dis DATED 08.10.2002.
EXT P5 :	COPY OF ORDER NO. G4/5289/99 DPI DATED 19.11.2003.
EXT P6 :	COPY OF GO (RT) NO : 5247 / 04/GE Dn DATED 18.12.2004.

¶24

RESPONDENTS' EXHIBITS: NIL.

TRUE COPY

P.A. TO JUDGE

DMR/-

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No. 9456 of 2005

¶30

- - - - - - - - - - - - - - - -

¶31

Dated this the 8^th day of November, 2011.

¶32

JUDGMENT

¶33

The petitioner has filed this writ petition with the following

¶34

prayers:

¶35

issue a writ of certiorari or any other appropriate writ, order or direction, quashing the findings in Ext.P4 order in respect of the portion denying to treat the period from 21.06.1997 to 10.10.2001 as period of duty;

¶36

Issue a writ of mandamous or any other appropriate writ, order or direction, directing respondents to effect corresponding modification may be in Exts.P4, P5 and P6 orders to treat the period between 21.06.1997 and 10.10.2001 as period of duty or eligible leave in service.

¶37

to issue a writ of mandamous or any other appropriate writ, order or direction to effect necessary corrections in the petitioner's service records to treat the period between 21.06.1997 and 10.10.2001 as eligible service as duty or leave eligible to realise the service and pensionary benefit its without any infirmity.

¶38

to issue a writ of mandamous or any other appropriate order or writ, directing the respondents to disburse the salary and other service benefits including increments to the petitioner for the period from 21.06.1997 to 10.10.2001 as expeditiously as possible.

¶39

I do not find any illegality or impropriety in the impugned

¶40

orders. Accordingly, this writ petition is dismissed.

¶41

sd/- B.P. RAY, JUDGE.

¶42

¶43

W.P.(C) No. 9456/2005

¶44

-:2:-

¶45

B.P. RAY, J.

¶46

O.P.No. 13887 of 2002

¶47

W.P.(C) No. 9456/2005

¶48

-:3:-

¶49

Dated this the 20^th day of September, 2011.

¶50

JUDGMENT

P.K.Ponnappan v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.K.Ponnappan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Hindustany Cylinder Company Ltd. Vs State of Kerala

K.v.Baburaj Vs Assistant General Manaer,Sbi,Egion III

T.v.Gangadharan Vs Hindustan Paper Corpon.

Ligi Anthony Vs St.Mary'S College, Trichur

J.Abdul Salam Vs State of Kerala

Empee Distilleries Ltd. Vs State of Kerala