Disposed

Vasantha a. v. State of Kerala

Kerala HC14 Feb 2017WP(C)/3887/2014

Case brief

AI extract

What is this about?

Justice Anu Sivaraman allowed a representation regarding calculation of pension benefits. The petitioner sought to count service from an earlier unauthorized date to increase pension. Due to the delay and potential quantum, the Court permitted the petitioner to file a fresh representation focusing solely on the period from June 1985.

What did the court decide?

Petitioner permitted to file fresh representation regarding counting of service from 13.6.1985 for pension within two weeks.

Vasantha a. 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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TUESDAY, THE 14TH DAY OF FEBRUARY 2017/25TH MAGHA, 1938

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WP(C).No. 3887 of 2014 (I)

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PETITIONER:

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VASANTHA A. NEEDLE WORK TEACHER, URALUGAL L P SCHOOL, P O MADAPPALLY COLLEGE, VADAKARA, KOZHIKODE DISTRICT, PIN-673102.

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BY ADV. SRI.R.K.MURALEEDHARAN

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001.

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2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN-695001.

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3. THE ASSISTANT EDUCATIONAL OFFICER, CHOMBALA VADAKARA, KOZHIKODE DISTRICT, PIN - 673108.

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BY GOVERNMENT PLEADER SRI.BIJU CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 3887 of 2014 (I)

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APPENDIX

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PETITIONERS' EXHIBITS:

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P1:-	TRUE COPY OF THE RELEVANT PAGES OF GO(MS)119/85/G.EDN DTD 13/6/1985.
P2:-	TRUE COPY OF THE GO(RT)3036/88/G.EDN 18/8/1988.
P3:-	TRUE COPY OF THE APPOINTMENT ORDER DT 16/3/1981 AND PROCEEDINGS FOR APPROVAL DTD 24/1/1989 BY THE 3RD RESPONDENT.
P4:-	TRUE COPY OF THE THE GO(MS)NO.219/98/G.EDN DTD 12/6/1998.
P5:-	TRUE COPY COPY OF THE ORDER DTD 27/1/1999 BY THE 3RD RESPONDENT.
P6:-	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE MANAGER DTD 3/1/2008.
P7:-	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD 10/3/2012.
P8:-	TRUE COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DTD 24/10/2013.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

ANU SIVARAMAN, J.

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= = = = = = = = = = = = = = = W.P.(C).No.3887 of 2014 = = = = = = = = = = = = = = = Dated this the 14^th day of February, 2017

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JUDGMENT

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1.This writ petition is filed challenging Exhibit P8 order of the Government rejecting the claim raised by the petitioner for approval of her appointment. The Government has in Exhibit P8 order found that the challenge raised against the orders of approval dated 24.01.1989 was highly belated.

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It is submitted by the learned counsel for the petitioner that the petitioner was entitled to approval of appointment w.e.f. 13.06.1985 going by Exhibit P1 order and the approval granted only w.e.f. 01.06.1988 was not justified. It is stated that in case the approval is limited to 01.06.1988, there will be considerable difference in the pensionary benefits due to the petitioner and this matter has not been considered by the Government in correct perspective. In the above circumstances, it is submitted that the petitioner will file a fresh representation seeking counting of the period from 13.6.1985 onwards as qualifying service only for the purpose

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W.P.(C).No.3887/14

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of pension. Taking an extremely lenient view of the matter, it is ordered that if such a representation is preferred by the petitioner within two weeks from the date of receipt of a copy of this judgment, the same shall be taken up and considered by the Government and orders passed thereon within a period of three months thereafter.

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Sd/-

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Anu Sivaraman, Judge

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Vasantha a. v. State of Kerala

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Vasantha a. v. State of Kerala

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