The High Court allowed the writ petition against an order of the Kerala Lok Ayukta regarding teachers' terminal benefits, relying on a prior 2009 judgment that the Ayukta lacks jurisdiction to adjudicate such disputes on merits.
Exhibit P7 (order of Kerala Lok Ayukta) set aside.
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 MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 6TH DAY OF OCTOBER 2016/14TH ASWINA, 1938
WP(C).No. 11515 of 2006 (U) ----------------------------
PETITIONER(S):
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVT., GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
3. THE DIRECTOR OF COLLEGE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM.
BY SPECIAL GOVERNMENT PLEADER SRI.LAL GEORGE
RESPONDENT(S):
1. ANNIE MATHEW, RETIRED LECTURER (SELECTION GRADE), N.S.S.COLLEGE FOR WOMEN, NEERAMANKARA, THIRUVANANTHAPURAM.
2. B.GOPALAKRISHNAN NAIR, RETIRED LECTURER (SELECTION GRADE), M.G.COLLEGE, THIRUVANANTHAPURAM.
3. KERALA LOK AYUKTA, REP. BY ITS SECRETARY, LEGISLATURE COMPLEX, VIKAS BHAVAN, THIRUVANANTHAPURAM.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 11515 of 2006 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXT.P1 - | TRUE COPY OF THE GO(P)NO.171/99/H.EDN.DATED 12/12/99 |
|---|---|
| EXT.P2 - | TRUE COPY OF THE GO(P)NO.118/2001/(91)/FIN.DATED 17/1/2001 |
| EXT.P3- | TRUE COPY OF THE COMPLAINT NO.927/2002 FIED BEFODRE THE KERALA LOK AYUKTA |
| EXT.P4 - | TRUE COPY OF THE RELEVANT PORTION OF GO(P) NO.3001/98/FINANCE DATED 25/11/98 |
| EXT.P5 - | TRUE COPY OF THE GO(P)NO.36086/FIN.DATED 15/5/1986 |
| EXT.P6 - | TRUE COPY OF THE RELEVANT PORTION OF GO(P) NO.365/94/FIN.DATED 1/6/1994 |
| EXT.P7 - | TRUE COPY OF THE ORDER DATED 5/12/2005 IN COMPLAINT NO.927/2002 OF KERALA LOK AYUKTA |
RESPONDENT(S)' EXHIBITS
/ TRUE COPY /
P.S. TO JUDGE
PJ
ANU SIVARAMAN, J.
W.P(C).No.11515 of 2006
Dated this the 6th October, 2016
JUDGMENT
The learned Special Government Pleader appearing for the petitioner State of Kerala submits that the issue raised in this writ petition is covered in favour of the petitioner by judgment of this Court dated 23.2.2009 in W.P(C).No.8780 of 2006. The impugned order relates to the question whether teachers have the right to count the extended period of service taking into account the revision of salary during such period for the purpose of commuting terminal benefits. In W.P(C).No.8780 of 2006, it was held that the Lok Ayukta does not have the power to adjudicate the issue and to pass positive orders/instructions as was done in that case. Therefore, the order of the Lok Ayukta challenged in the writ petition was set aside. On merits also, this Court found that the amendment to Rule 63 Part III KSR, which had retrospective effect from 15.5.1986 was upheld by the Division Bench. It was therefore held that Private College teachers, who continued in service till the end of academic year cannot take into account the revision of salary they obtained during the extended period of service for the purpose of commuting the terminal benefits.
In the above circumstances, this writ petition is allowed. Exhibit P7 is set aside
ANU SIVARAMAN
JUDGE
vgs6/10
2 issues framed by the court
Whether the Kerala Lok Ayukta has the power to adjudicate on the question of counting extended service period with revised salary for terminal benefits.
Whether Private College teachers can count the revision of salary obtained during the extended period of service for commuting terminal benefits.
Colour shows how this judgement treated each authority
Judgment dated 23.2.2009Followed¶29
W.P(C).No.8780 of 2006
1 provisions across 1 enactments
State of Kerala
Annie Mathew
B. Gopalakrishnan Nair
Kerala Lok Ayukta
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
