Allowed

Saji Varghese v. State of Kerala

Kerala HC20 Nov 2012WP(C)/23694/2012

Case brief

AI extract

What is this about?

Single Judge allowed a writ petition against a stipulation in a sanction order that excluded leave for a B.Ed. course before 2005 from counting towards service benefits and pension. The Court declared the rider void and ordered calculation of benefits.

What did the court decide?

Struck off the rider preventing counting of leave for service benefits and pension; declared leave shall count for all service benefits; consequential benefits to be disbursed within three months.

Saji Varghese Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2012)

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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 P.R.RAMACHANDRA MENON

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TUESDAY, THE 20TH DAY OF NOVEMBER 2012/29TH KARTHIKA 1934

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WP(C).No. 23694 of 2012 (J)

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PETITIONER:

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SAJI VARGHESE, AGED 36 YEARS, HIGHER SECONDARY SCHOOL TEACHER (JUNIOR)[COMMERCE], JAYASREE HIGHER SECONDARY SCHOOL, KALLUVAYAL, PUPALLY, WAYANAD.

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BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT [GENERAL EDUCATION DEPARTMENT], DIRECTORATE OF HIGHER SECONDARY EDUCATION, TRIVANDRUM-695001.

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2. THE DIRECTOR, HIGHER SECONDARY EDUCATION DEPARTMENT, HOUSING BOARD BUILDINGS, SANTHI NAGAR, TRIVANDRUM-695001.

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3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION REGIONAL OFFICE, KOZHIKODE-673001.

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BY ADV.SRI.M.A.FAYAZ, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 23694 of 2012 (J)

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXT.P1:	A TRUE COPY OF THE TO THE PETITIONER.	ORDER DATED 23/5/2008 SANCTIONING LEAVE
EXT.P2:	A TRUE COPY OF THE OF 2007.	JUDGMENT DATED 29/3/2007 IN WP(C)NO.10522
EXT.P3:	A TRUE COPY OF THE OF 2012.	ORDER DATED 14/3/2012 IN W.P[C]NO.6313

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RESPONDENTS' ANNEXURES:

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ANN.R3(A): TRUE COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER. ANN.R3(B): COPY OF THE COVERING LETTER ISSUED BY THE PRINCIPAL OF THE INSTITUTION.

/TRUE COPY/

P.A.TO JUDGE

P.R.RAMACHANDRA MENON, J.

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W.P.(c) No. 23694 OF 2012

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Dated this the 20^th day of November , 2012

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JUDGMENT

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The case of the petitioner is that, leave without allowance was

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availed by him for completing the B.Ed. Course in the year 2002, which is liable to be reckoned for the purpose of granting increments by virtue of the 3^rd proviso to Rule 33(b)(2) of Part I K.S.R.. The said proviso, however, came to be deleted from the Statute book only by virtue of the amendment in the year 2005 with effect from 24/05/2005

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and as such, the same can in no way stand against the petitioner in granting the reliefs.

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The formal orders granting the leave came to be passed only as per Ext.P1 Government Order dated 23.05.2008. But a rider was incorporated therein that, the leave period will not be counted for service benefits, including pension and this will stand recorded in the service book of the petitioner. The petitioner is challenging the said stipulation, stating that, the issue stands covered in favour of the petitioner by virtue of the ruling of this Court in Deepika v. State of

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W.P.(C)No.23694/2012

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Kerala (2007(1) KLT 71.

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When the matter came up for consideration before this Court on 10.10.2012, the learned Government Pleader was required to get instructions as to the delay occurred in passing Ext.P1 order in the year 2008 in respect of the leave availed by the petitioner in the year 2002, also directing to make available the relevant file. Pursuant to the above proceedings, a statement has been filed on 1.11.2012 explaining the sequence of events and the delay on the part of the Principal in forwarding the leave application/proposal. A copy of the leave application has been produced as Annexure R3(a) and the forwarding letter of the Principal, which is dated 31/03/2008, has been produced as Ext.R3(b). During the course of hearing, it is also brought to the notice of this Court by the learned counsel for the petitioner that, the verdict passed by the learned Single Judge as per the decision cited supra has been affirmed by the Division Bench as per the decision in W.A.No.2734/2007.

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In the above circumstances, particularly, in view of the fact that the leave without allowance was availed for pursuing B.Ed. course

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W.P.(C)No.23694/2012

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prior to the amendment and the deletion of the 3^rd proviso to Rule 33(b) (2) of Part I K.S.R., this Court finds that the petitioner is entitled to have the benefit of the verdicts passed by this Court as aforesaid. This being the position, this Court does not find it fit and proper to non-suit the petitioner merely for the reason that there is some delay in approaching this Court with regard to the challenge raised against the 'rider'. The stipulation contained in Ext.P1 to the extent that the leave period will not be counted for service benefits including pension will stand struck off. It is declared that the leave availed by the petitioner and sanctioned as per Ext.P1 will stand counted for the all service benefits. The consequential benefits flowing therefrom shall be worked out and disbursed to the petitioner, at the earliest, at any rate within three months from the date of receipt of a copy of this judgment. The writ petition is allowed. No cost.

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P.R.RAMACHANDRA MENON JUDGE

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sv.

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W.P.(C)No.23694/2012 4

Saji Varghese v. State of Kerala

Case brief

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Saji Varghese v. State of Kerala

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