Dismissed

Emmanuel P.M. v. State of Kerala

Kerala HC13 Dec 2017WP(C)/36135/2017

Case brief

AI extract

What is this about?

This writ petition was filed by retired aided school teachers claiming their provisional service rendered prior to regular service should be reckoned for pension. The High Court held that such service is claimable and directed the respondents to re-fix pensionary benefits. The petitioner was granted one month extension under Section 115 of the Kerala Panchayat Act, 1994. The petition was dismissed

What did the court decide?

Petitioners granted one month extension under Section 115 of the Kerala Panchayat Act, 1994.

Emmanuel P.M. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 13TH DAY OF DECEMBER 2017/22ND AGRAHAYANA, 1939

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WP(C).No. 36135 of 2017 (N)

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PETITIONERS:

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1. EMMANUEL P.M., AGED 57 YEARS,HEAD MASTER(RETIRED), LITTLE FLOWER UP SCHOOL,PASUKKADAVE, RESIDING AT PUTHUPPALLY THAKIDIYAL HOUSE, MARUTHONKARA,KAVILUMPARA, KOZHIKODE,PIN-673513.

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2. BABY MATHEW, AGED 57 YEARS,HIGH SCHOOL ASSISTANT(RETIRED), ST.MARY'S HIGHER SECONDARY SCHOOL, MARUTHONKARA, KOZHIKODE DISTRICT. RESIDING AT NEENDUKUNNAL HOUSE, PASUKKADAVE, KOZHKODE,PIN-673528. BY ADV. SRI.SIJI ANTONY

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001.

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2. THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001.

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3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM,PIN-695001.

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4. THE ACCOUNTANT GENERAL(A&E), KERALA,THIRUVANANTHAPURAM,PIN-695039.

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5. THE DEPUTY DIRECTOR OF EDUCATION,KOZHIKODE, OFFICE OF D.D.E,KOZHIKODE,PIN-673001.

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BY SR. GOVERNMENT PLEADER SMT.NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 36135 of 2017 (N)

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APPENDIX

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PETITIONER(S)' --------------	EXHIBITS ---------
EXHIBIT P1	A TRUE COPY OF THE DATA INPUT SHEET ATTACHED WITH THE STATUTORY APPLICATION
EXHIBIT P1(A)	A TRUE COPY OF THE ABOVE VERIFICATION REPORT NO.P.R.2101779651 DATED 11.07.2017 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER
EXHIBIT P1(B)	A TRUE COPY OF THE INTIMATION SLIP OF PENSIONARY BENEFITS DATED 21.06.2017 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER
EXHIBIT P1(C)	A TRUE COPY OF PROCEEDINGS NO.K.DIS.B1.6938/06 DATED 22.09.2016 WAS SANCTIONED BY DEO VADAKARA.
EXHIBIT P2	A TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE 2ND PETITIONER
EXHIBIT P2(A)	A TRUE COPY OF THE STATEMENT OF FIXATION AS PER ORDER NO.K.DIS.BI/3377/2014 DATED O2.12.2014
EXHIBIT P2(B)	A TRUE COPY OF THE DATA INPUT SHEET ALONG WITH FORM NO.2 OF PENSION PROPOSAL OF THE 2ND PETITIONER
EXHIBIT P2(C)	TRUE COPY OF THE ABOVE VERTIFICATION REPORT NO.P.R.2101670849 DATED 30.12.2016 ISSUED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT
EXHIBIT P2(D)	TRUE COPY OF THE INTIMATION SLIP OF PENSIONARY BENEFITS DATED 30.12.2016 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER
EXHIBIT P3	TRUE COPY OF THE LATEST STATEMENT OF FIXATION AS PER ORDER NO.K.DIS.BI/2224/2016 DATED 20.04.2016
EXHIBIT P3(A)	TRUE COPY OF THE DATA INPUT SHEET ALONG WITH FORM NO.2 OF PENSION PROPOSAL
EXHIBIT P3(B)	TRUE COPY OF THE ABOVE VERIFICATION REPORT NO.P.R.2101670907 DATED 01.02.2017 ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER
EXHIBIT P3(C)	TRUE COPY OF THE INTIMATION SLIP OF PENSIONARY BENEFITS DATED 01.02.2017 ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER
EXHIBIT P4	TRUE COPY OF THE G.O.(MS).74/68/EDN.DATED 24.02.1968
EXHIBIT P5	TRUE COPY OF THE ABOVE ORDER ISSUED BY THE 1ST RESPONDENT G.O (P)NO.66/2016/FIN DATED 09.05.2016
EXHIBIT P6	TRUE COPY OF THE ABOVE ORDER ISSUED BY THE 1ST RESPONDENT AS G.O(P)NO.113/2016/FIN.DATED 05.08.2016
EXHIBIT P7	TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 06.08.2015 VIDE G.O.(RT)NO.7194/2015
EXHIBIT P8	TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.20495/2013 DATED 23.07.2014

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WP(C).No. 36135 of 2017 (N)

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EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 23.2.2015 IN W.A.NO.377/2015 EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.07.2015 IN SLP(C)NO.19441/2015 PASSED BY THE HON'BLE SUPREME COURT EXHIBIT P11 TRUE COPY OF JUDGMENT IN WPC NO.30167/2016 REPORTED IN 2017 KHC (5)PAGE 120.

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RESPONDENT(S)' EXHIBITS

NIL

TRUE COPY

P.S. TO JUDGE

ANU SIVARAMAN, J.

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W.P.(C).No.36135 of 2017

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Dated this the 13^th day of December, 2017

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J U D G M E N T

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

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Petitioners are retired Aided School teachers. Petitioners'

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grievance is that the broken/provisional service rendered by them in Aided Schools prior to their commencement of the regular service is not reckoned for the purpose of pension.

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This Court already held in the judgment dated 14.08.2017, in W.P.(C) No.30167 of 2016 and connected cases that the provisional service rendered in Aided school prior to the commencement of regular service in Aided School is liable to be considered for pension. The case of the petitioners would also be governed by the said judgment.

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In the above circumstances, this writ petition is disposed of directing the respondents to re-fix the pensionary benefits of the petitioners, after reckoning the provisional service rendered by them in Aided Schools along with their regular service and to grant them all consequential benefits.

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W.P.(C).No.36135 of 2017

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Such benefits shall be granted to the petitioners within a

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period of three months from the date of receipt of a copy of

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this judgment.

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Sd/- ANU SIVARAMAN JUDGE

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rmm

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// True Copy //

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P.A. To Judge

Emmanuel P.M. v. State of Kerala

Case brief

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Emmanuel P.M. v. State of Kerala

Case brief

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