Allowed

S.Lekshmi Devi v. State of Kerala

Kerala HC21 Nov 2018WP(C)/9088/2018

Case brief

AI extract

What is this about?

The High Court held that the petitioner was entitled to pensionary benefits for two specific unrecorded periods of service. Relying on prior Government orders, the Court set aside the impugned order and directed the Department to calculate and disburse the dues within a stipulated time.

What did the court decide?

The impugned order set aside; the 3rd respondent directed to reckon two service spells and disburse monetary benefits within four months of a two-month calculation period.

S.Lekshmi Devi Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940

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WP(C).No.9088 of 2018

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PETITIONER:

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S.LEKSHMI DEVI

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W/O. G. RAMAN PILLAI, HIGH SCHOOL ASSISTANT (RETD.), GIRLS HIGH SCHOOL, KANICHUKULANGARA, CHERTHALA, NOW RESIDING AT THANNICKAL HOUSE, T.P. NORTH, MANNARASALA P.O., HARIPPAD, ALAPPUZHA DISTRICT.

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BY ADVS. DR.GEORGE ABRAHAM SRI.JOSEPH GOPURAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 001.

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2 DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM, PIN-695 001.

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3 DEPUTY DIRECTOR OF EDUCATION ALAPPUZHA-688 001.

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4 DISTRICT EDUCATIONAL OFFICER CHERTHALA-688 524.

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5 THE MANAGER GIRLS HIGH SCHOOL, KANICHUKULANGARA, CHERTHALA, PIN-688 524.

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BY ADV. SRI.A.N.RAJAN BABU

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OTHER PRESENT:

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SRI.S.GOPINATHAN, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.9088/2018

J U D G M E N T

The petitioner retired as High School Assistant from Girls High School, Kanichukulangara (aided school) on 31.01.2007. The short

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issue in this writ petition is in regard to the two spells which have not been counted for pensionary benefits. The spells are as follows:

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1. From 03.12.1998 to 02.06.1999 and

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1. From 15.02.2000 to 31.03.2000.

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It appears that disciplinary action was taken against the petitioner in respect of the above period treating it as unauthorised absence. Shorn off unnecessary facts, I am of the view that the matter

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can be concluded based on Exts.P5 and P11. In Ext.P5 Government Order, it is observed as follows:

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“In view of the judgment dated 31-1-00 in OP No.11617/99 as upheld in the judgment in WA No.475/00 dated 10-3-00 consideration of the request of the petitioner for a convenient posting, i.e., a posting in a Govt. school convenient to her, does not arise. The appeal petition dated 31-3-01 of Smt.S.Lekshmi Devi H.S.A (SS) girls HS Kanichukulangara is therefore disposed of with the direction to the Manager and the departmental authorities to finalise as per rules the disciplinary action initiated against her, as early as possible, and to regularize the period of absence from duty as per rules and to release the monetary

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W.P.(C) No.9088/2018

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benefits by way of salary, medical reimbursement and any other claims due to her as admissible under rule, at the earliest. The Deputy Director of Education will furnish a report of compliance”.

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In Ext.P11 Government Order, it is stated as follows:

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“Government have examined the matter in detail. The period from 3.12.98 to 2.6.99 and 15.2.00 to 31.3.00 will be regularized as non duty without forfeiture of past service, since the incumbent is not willing to submit the leave application. The period from 17.12.02 to 16.9.03 will be regularized as LWA invoking Rule 88(iii) Part I KSR incorporated as per G.O.(P) 99/02/Fin dated 31/1/02 on the condition that the leave period will not count for increment, higher grade, pension or accumulation of earned leave”.

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In the light of Exts.P5 and P11, the matter ought to have been concluded. The above orders would clearly show that the Government decided to regularise the spells. Therefore, there is no point in reviewing the earlier decision in subsequent orders. It is to be noted that there are certain other spells involved in the matter. The claims with regard to those spells have already been concluded by Exts.P16 and P17 judgments. Therefore, those period cannot be considered. However, the two spells, i.e. from 3.12.98 to 2.6.99 and 15.2.00 to 31.3.00, has to be

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W.P.(C) No.9088/2018

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reckoned for granting pensionary benefits.

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Accordingly, the impugned order is set aside . The 3^rd respondent shall, after reckoning the aforesaid two spells, do the needful to disburse monetary benefits to the petitioner. Necessary calculation shall be made

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within a period of two months and monetary benefits if any shall be disbursed within a further period of four months.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

smp

W.P.(C) No.9088/2018

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE	ORDER DATED 25.6.1998.
EXHIBIT P2	TRUE COPY OF THE DATED 29.7.1998.	JUDGMENT IN OP 14267/98
EXHIBIT P3	TRUE COPY OF THE DATED 11.11.1998.	JUDGMENT IN OP 22167/1998
EXHIBIT P4	TRUE COPY OF THE 26.5.1999 IN OP N	INTERIM ORDER DATED O. 11617/1999.
EXHIBIT P5	TRUE COPY OF THE NO. 433'1/2002/G.	GOVERNMENT ORDER GO (RT) EDN. DATED 9.12.2002.
EXHIBIT P6	TRUE COPY OF THE	JUDGMENT IN WA 475/2000.
EXHIBIT P7	TRUE COPY OF THE 7.11.2013.	GOVERNMENT ORDER DATED
EXHIBIT P8	TRUE COPY OF THE NO. 2102/2005/G.E	GOVERNMENT ORDER GO (RT) DN. DATED 24.5.2005.
EXHIBIT P9	TRUE COPY OF THE 18.7.2006.	GOVERNMENT LETTER DATED
EXHIBIT P10	TRUE COPY OF THE DATED 6.10.2007.	GO (RT) NO.1618/07/G.EDN.
EXHIBIT P11	TRUE COPY OF THE GO (RT) NO. 2007/ 26.4.2008.	GOVERNMENT ORDER NO. 2008/G.EDN. DATED
EXHIBIT P12	TRUE COPY OF THE 20.2.2009 PASSED	INTERIM ORDER DATED IN W.P.(C) NO.35589/2008.
EXHIBIT P13	TRUE COPY OF THE HON'BLE COURT IN	ORDER PASSED BY THIS I.A. NO.9213/2009.
EXHIBIT P14	TRUE COPY OF THE 13370/2003, DATED	JUDGMENT IN WP(C) 3.7.2003.
EXHIBIT P15	TRUE COPY OF THE	ORDER DATED 11.9.2003.

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W.P.(C) No.9088/2018

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EXHIBIT P16 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 35589/2008.

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EXHIBIT P17 TRUE COPY OF THE JUDGMENT DATED 7.10.2014 PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT IN W.A. NO. 1033/2013. EXHIBIT P18 TRUE COPY OF THE COMMUNICATION DATED 21.10.2014.

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EXHIBIT P19 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT ON 20.9.2016. EXHIBIT P20 TRUE COPY OF THE ORDER PASSED BY THE DEPUTY DIRECTOR EDUCATION ON 30.8.2017. EXHIBIT P21 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 18.7.2016. EXHIBIT P22 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER ON 28.9.2017 BEFORE THE 1ST RESPONDENT. EXHIBIT P23 TRUE COPY OF THE GOVERNMENT ORDER GO (RT) NO. 762/18/G.ED.DATED 20.2.2018. EXHIBIT P24 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED THE PETITIONER ALONG WITH A STATEMENT SHOWING THE DETAILS OF SERVICE RENDERED BY THE PETITIONER.

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EXHIBIT P25 TRUE COPY OF THE COMMUNICATION ISSUED ON 15/2/2000 BY THE HEADMASTER OF GOVERNMENT HIGH SCHOOL, AYAPARAMBU. EXHIBIT P26 TRUE COPY OF THE ACKNOWLEDGMENT FROM THE OFFICE OF THE HON'BLE MINISTER DATED 4/10/2005.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R3(a)	TRUE COPY OF THE JUDGMENT DTD.31.01.2000
EXHIBIT R3(b)	TRUE COPY OF THE JUDGMENT DTD.22.08.2017
EXHIBIT R3(c)	TRUE COPY OF THE JUDGMENT DTD.29.06.2000

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W.P.(C) No.9088/2018

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EXHIBIT R3(d) TRUE COPY OF THE WRIT APPEAL JUDGMENT DTD.05.01.2001. EXHIBIT R3(e) TRUE COPY OF THE LETTER DTD.13.01.2017

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True Copy P.S to Judge

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smp

S.Lekshmi Devi v. State of Kerala

Case brief

What is this about?

What did the court decide?

S.Lekshmi Devi v. State of Kerala

Case brief

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