Dismissed

State of Kerala v. Wilson Mathew

Kerala HC5 Jul 2019WA/113/2019

Case brief

AI extract

What is this about?

Writ appeals against orders denying inclusion of provisional service and pre-resignation service in pension qualifying service. Court held that separate verification is needed for specific cases; generally, resignation from permanent service to fill a leave vacancy forfeits prior service rights under Rule 62.

What did the court decide?

Writ appeals rejected; direct verification of specific records and reasons for cessation of service in some cases.

State of Kerala Vs Wilson Mathew — Pension and Retirement Benefits | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6

FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

¶7

WA.No.1858 of 2018

¶8

AGAINST THE JUDGMENT IN WP(C) NO.35521/2017 OF THE HIGH COURT OF KERALA DATED 17.11.2017

¶9

APPELLANTS/RESPONDENTS 1 TO 6:

¶10

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

¶11

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001.

¶12

3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-682 030.

¶13

4 DEPUTY DIRECTOR OF EDUCATION, IDUKKI DISTRICT, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA-685 021.

¶14

5 THE ASSISTANT EDUCATIONAL OFFICER, MUVATTUPUIZHA-686 667.

¶15

6 THE ACCOUNTANT GENERAL (A AND E), KERALA, THIRUVANANTHAPURAM-695 001.

¶16

BY SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE

¶17

RESPONDENTS/PETITIONERS:

¶18

1 LISSY JOSEPH W/O.MATHEW, LPSA (RETIRED), LITTLE FLOWER L.P.SCHOOL, MUVATTUPUZHA, ERNAKULAM DISTRICT, RESIDING AT PANAMDANAM HOUSE, MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT PIN686669.

¶19

WA.No.1858 of 2018

¶20

¶21

2 SOPHIAMMA CHERIAN, W/O.LATE MATHEW JACOB, UPSA(RETIRED), ST.LITTLE TERESAS H.S., VAZHAKKULAM, ERNAKULAM DISTRICT, RESIDING AT KALLUMKAL HOUSE, VAZHAKULAM P.O., PIN-686 670.

¶22

3 FRANCIS JOSEPH, S/O.JOSEPH, RETIRED HEADMASTER, IYPE MEMORIAL H.S., KALOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT, RESIDING AT PUTHUPARAMBIL HOUSE, KUMARAMANGAAM P.O., THODUPUZHA, PIN-685 608.

¶23

4 VERONICA.K.M., W/O.LAMBAL MATHEW, UPSA(RETIRED), ST.LITTLE TERESAS H.S., VAZHAKULAM, VAZHAKULAM P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, RESIDING AT VATTAKKUZHIYIL HOUSE, THAZHAVAMKUNNU P.O., ERNAKULAM DISTRICT, PIN-686 668.

¶24

5 ANIE JOSEPH, W/O.SEBASTIAN JOSEPH, HSA(ENGLISH), ST.MARY'S HSS, MURIKKASSERY, RESIDING AT MEDAKKAL HOUSE, MURIKKASSERY P.O., IDUKKI DISTRICT-685 604.

¶25

BY ADV.SRI.PAULSON THOMAS

¶26

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2019, ALONG WITH WA NO.21/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶27

WA.No.1858 of 2018

¶28

¶29

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶30

PRESENT

¶31

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶32

¶33

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶34

FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

¶35

WA.No.21 of 2019

¶36

AGAINST THE JUDGMENT IN WP(C) NO.2936/2018 OF THE HIGH COURT OF KERALA DATED 06.02.2018

¶37

APPELLANTS/RESPONDENTS:

¶38

1 STATE OF KERALA

¶39

REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶40

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

¶41

3 DIRECTOR OF PUBLIC INSTRUCTIONS, DPI OFFICE, THIRUVANANTHAPURAM -695006.

¶42

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

¶43

5 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM, OFFICE OF DDE, VAYASSKARAKUNU, KOTTAYAM, PIN-686001.

¶44

6 THE ASSISTANT EDUCATIONAL OFFICER, AEO OFFICE, PALA P.O., KOTTAYAM DISTRICT, PIN-686501.

¶45

BY SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE

¶46

WA.No.1858 of 2018

¶47

¶48

RESPONDENTS/PETITIONERS:

¶49

1 REMA B NAIR HEADMISTRESS (RETIRED), NSS HIGHER SECONDARY SCHOOL, KIDANGOOR, RESIDING AT PARIPPIL, POOVARANY P.O., KOTTAYAM, PIN-686577. 2 SR.CICILY JOSEPH, LPSA(RETIRED), ST.GEORGE L.P.SCHOOL, MUTHOLY, KOTTAYAM DISTRICT, RESIDING AT ST.JOSEPH'S CARMELITE CONVENT, MUTHOLY P.O.-686573, KOTTAYAM DISTRICT.

¶50

BY ADV. SRI.SIJI ANTONY

¶51

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2019, ALONG WITH WA NO.1858/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶52

WA.No.1858 of 2018

¶53

¶54

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶55

PRESENT

¶56

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶57

¶58

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶59

FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

¶60

WA.No.74 of 2019

¶61

AGAINST THE JUDGMENT IN WP(C) NO.37011/2017 OF THE HIGH COURT OF KERALA DATED 05.12.2017

¶62

APPELLANTS/RESPONDENTS:

¶63

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

¶64

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶65

3 ASSISTANT EDUCATIONAL OFFICER, KOOTHATTUKULAM-682051.

¶66

4 DEPUTY DIRECTOR OF EDUCATION, IDUKKI, THODUPUZHA-685584.

¶67

5 ASSISTANT EDUCATIONAL OFFICER, THODUPUZHA-685002.

¶68

6 DISTRICT EDUCATIONAL OFFICER, THODUPUZHA-685002.

¶69

7 THE ACCOUNTANT GENERAL (A AND E) KERALA, THIRUVANANTHAPURAM-695001.

¶70

BY SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE

¶71

WA.No.1858 of 2018

¶72

¶73

RESPONDENTS/PETITIONERS:

¶74

1 BABU MATHEW, S/O.ULAHANNAN, HEADMASTER (RETIRED), ST.GEORGE L.P.S., MUTHOLAPURAM, RESIDING AT DONVILLA, KATTAKKAYAM, KUMARAKAM NORTH P.O., PALLICHIRA, KOTTAYAM-686563.

¶75

2 LISSY JOSEPH, W/O.PAULOSE, HEADMISTRESS, ST.RITHAS H.S., PAINKULAM, MYLACOMPU P.O., THODUPUZHA, RESIDING AT PADINJARAYIL HOUSE, MYLACOMPU P.O., THODUPUZHA-685608.

¶76

3 SR.ELCY GEORGE, D/O.IYPE GEORGE, HSA, ST.RITHAS H.S., PAINKULAM, MYLACOMPU P.O., THODUPUZHA, NOW RESIDING AT S.H.CONVENT, MYLACOMPU P.O., THODUPUZHA-685608. 4 MARIAM UMMA C.M., W/O.T.M.MYTHEEN, FULL TIME ARABIC TEACHER (RETIRED), ST.JOSEPH'S L.P.SCHOOL, ELAMDESAM, THODUPUZHA, RESIDING AT THEKKUMKATTIL HOUSE, MUDAVOOR P.O., ERNAKULAM-686669.

¶77

BY ADV. SRI.PAULSON THOMAS

¶78

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2019, ALONG WITH WA NO.1858/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶79

WA.No.1858 of 2018

¶80

¶81

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶82

PRESENT

¶83

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶84

¶85

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶86

FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

¶87

WA.No.113 of 2019

¶88

AGAINST THE JUDGMENT IN WP(C) 41122/2017 OF THE HIGH COURT OF KERALA DATED 09.01.2018

¶89

APPELLANTS/RESPONDENTS:

¶90

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

¶91

2 DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695001.

¶92

3 DEPUTY DIRECTOR OF EDUCATION

¶93

IDUKKI, THODUPUZHA-685505.

¶94

4 ASSISTANT EDUCATIONAL OFFICER THODUPUZHA-685001.

¶95

5 THE ACCOUNTANT GENERAL (A E) KERALA, THIRUVANANTHAPURAM-695001.

¶96

BY SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE

¶97

RESPONDENTS/PETITIONERS:

¶98

1 WILSON MATHEW

¶99

S/O.MATHACHAN, HEADMASTER (RETIRED) ST.THOMAS L.P.S., KOLADY, THODUPUZHA, RESIDING AT PURACKAL HOUSE, MRALA.P.O., THODUPUZHA.

¶100

WA.No.1858 of 2018

¶101

¶102

2 ROSELY VARGHESE, W/O.FRANCIS JOHN, HSA (HINDI), ST.GEORGE'S H.S., UDUMBANNOOR, THODUPUZHA, IDUKKI, RESIDING AT VADAKKEDATH HOUSE, KAVAKKAD.P.O-686668.

¶103

3 OMANA.K.M W/O.KURIAN PAUL, HSA(N.S.), ST.GEORGE'S H.S.UDUMBANNOOR, THODUPUZHA, IDUKKI, RESIDING AT SASTHAMKUNNEL HOUSE, UDUMBANNOOR.P.O., THODUPUZHA, IDUKKI.

¶104

4 LAMBAI MATHEW S/O.V.M.MATHEW, HEADMASTER, ST.JOSEPH'S L.P.S.ELEMDESOM, THODUPUZHA, IDUKKI DISTRICT, RESIDING AT VATTAKKUZHIYIL HOUSE, THAZHAVAMKUNNU.P.O-686668.

¶105

BY ADV. SRI.PAULSON THOMAS

¶106

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2019, ALONG WITH WA NO.1858/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶107

WA.No.1858 of 2018

¶108

¶109

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶110

PRESENT

¶111

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶112

¶113

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶114

FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

¶115

WA.No.138 of 2019

¶116

AGAINST THE JUDGMENT IN WP(C) NO.40180/2017 OF THE HIGH COURT OF KERALA DATED 13.12.2017

¶117

APPELLANTS/RESPONDENTS:

¶118

1 STATE OF KERALA

¶119

REPRESENTED BY SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶120

2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶121

3 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KOTTAYAM-686001.

¶122

4 DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686001.

¶123

5 ASSISTANT EDUCATION OFFICER, KOOTHATTUKULAM-682051.

¶124

6 DEPUTY DIRECTOR OF EDUCATION, IDUKKI, THODUPUZHA-685581.

¶125

7 THE ACCOUNTANT GENERAL (A AND E), KERALA, THIRUVANANTHAPURAM-695001.

¶126

BY SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE

¶127

WA.No.1858 of 2018

¶128

¶129

RESPONDENTS/PETITIONERS:

¶130

1 MATHEW STEPHEN S/O.STEPHEN, PRINCIPAL (RETIRED), ST.JOSEPHS H.S.S, KARIMANNOOR, IDUKKI.

¶131

2 A.T.JOSE, S/O.THOMAS, HSA(RETIRED), C.M.S.H.S., MECHAL, KOTTAYAM, RESIDING AT ARAKKAL HOUSE, VELLAMTHANAM, THATTAKKUZHA.P.O, THODUPUZHA-685581.

¶132

3 LEELAMMA JOSEPH W/O DOMINIC.K.M, L.P.S.A(RETIRED), ST.PETER S L.P.SCHOOL, ELANJI, KOOTHATTUKULAM, RESIDING AT KOOVAPPARAYIL HOUSE, MUTHOLAPURAM.P.O.

¶133

4 JOY.P.T, S/O.THOMAS, HEADMASTER, ST.SEBASTIANS H.S, PURAPPUZHA, THODUPUZHA,IDUKKI,

¶134

RESIDING AT PADINJARAYIL HOUSE, KARIMANNOOR.P.O, THODUPUZHA-685 581.

¶135

5 THOMAS.P.J, PATHIYIL, S/O.JOSEPH, H.S.A, ST.MARYS H.S.S, MANKULAM, IDUKKI, RESIDING AT PATHIYIL HOUSE, MANKULAM.P.O-685565.

¶136

BY ADV.SRI.PAULSON THOMAS

¶137

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2019, ALONG WITH WA NO.1858/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶138

WA.No.1858 of 2018

¶139

¶140

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶141

PRESENT

¶142

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶143

¶144

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶145

FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

¶146

WA.No.199 of 2019

¶147

AGAINST THE ORDER/JUDGMENT IN WP(C) NO.28641/2017 OF THE HIGH COURT OF KERALA DATED 20.10.2017

¶148

APPELLANTS/RESPONDENTS 1 TO 4:

¶149

1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001.

¶150

2 THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001.

¶151

3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM, PIN 695 001.

¶152

4 THE ACCOUNTANT GENERAL (A AND E), KERALA THIRUVANANTHAPURAM, PIN 695 001.

¶153

BY SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE

¶154

WA.No.1858 of 2018

¶155

¶156

RESPONDENT/PETITIONER:

¶157

NACHI.M.M. L.P.S TEACHEER (RETIRED), S.D P.A.L.P SCHOOL, MALLA, RESIDING AT VALIVAKATTIL HOUSE, MULLARINGAD P.O., THODUPUZHA, IDUKKI DISTRICT PIN 685 607.

¶158

BY ADV. SRI.SIJI ANTONY

¶159

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2019, ALONG WITH WA NO.1858/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶160

WA.No.1858 of 2018

¶161

¶162

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶163

PRESENT

¶164

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶165

¶166

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶167

FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

¶168

WA.No.757 of 2019

¶169

AGAINST THE JUDGMENT IN WP(C) NO.37495/2017 OF THE HIGH COURT OF KERALA DATED 08.12.2017

¶170

APPELLANTS/RESPONDENTS:

¶171

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM-695001.

¶172

2 THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA-689101.

¶173

3 THE ACCOUNTANT GENERAL (A AND E), THIRUVANANTHAPURAM-695001.

¶174

BY SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE

¶175

RESPONDENT/PETITIONER:

¶176

LAILA.M.M. W/O.ABDUL SALIM, KADUVAKUZHIYIL HOUSE, KANGAZHA.P.O, KOTTAYAM DISTRICT-689473.

¶177

BY ADV. SHRI.ESM.KABEER

¶178

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2019, ALONG WITH WA NO.1858/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶179

WA.No.1858 of 2018

¶180

¶181

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶182

PRESENT

¶183

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶184

¶185

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶186

FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

¶187

WA.No.1178 of 2019

¶188

AGAINST THE JUDGMENT IN WP(C) NO.21546/2017 OF THE HIGH COURT OF KERALA DATED 25.09.2017

¶189

APPELLANTS/RESPONDENTS:

¶190

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶191

2 THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

¶192

3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY P.O., THIRUVANANTHAPURAM - 695 014.

¶193

4 THE ACCOUNTANT GENERAL (A AND E), KERALA, THIRUVANANTHAPURAM - 695 039.

¶194

BY SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE

¶195

RESPONDENT/PETITIONER:

¶196

JETTY JOSEPH, W/O.N.M.JOSEPH (LATE), HSA (MATHEMATICS) (RETIRED) ST.MARYS G.H.S. KURAVILANGAD, RESIDING AT MUNDAPPILLY HOUSE, MANNAKANAD P.O., KOTTAYAM DISTRICT - 686 633.

¶197

BY ADV. SRI.SIJI ANTONY

¶198

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2019, ALONG WITH WA NO.1858/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶199

WA.No.1858 of 2018

¶200

¶201

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶202

PRESENT

¶203

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶204

¶205

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶206

FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

¶207

WA.No.1248 of 2019

¶208

AGAINST THE JUDGMENT IN WP(C) NO.3432/2018 OF THE HIGH COURT OF KERALA DATED 01.02.2018

¶209

APPELLANTS/RESPONDENTS:

¶210

1 STATE OF KERALA

¶211

REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶212

2 DEPUTY DIRECTOR OF EDUCATION KANNUR - 670 001.

¶213

3 DISTRICT EDUCATION OFFICER

¶214

THALASSERY, THALASSERY P.O., KANNUR DISTRICT - 670 101.

¶215

4 THE ACCOUNTANT GENERAL (A AND E) KERALA, THIRUVANANTHAPURAM - 695 039.

¶216

BY SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE

¶217

RESPONDENTS/PETITIONERS:

¶218

1 HARINDRAN PUTHIYAPURAYIL KOVVAN U.P.S.A. (RETIRED), KOODALI, HIGHER SECONDARY SCHOOL, KOODALI P.O., KANNUR DISTRICT- 670 592, RESIDING AT SREEHARSHAM, KOODALI P.O., KANNUR DISTRICT - 670 592.

¶219

WA.No.1858 of 2018

¶220

¶221

2 REMADEVI C.

¶222

H.S.A. (RETIRED) KOODALI HIGHER SECONDARY SCHOOL, KOODALI P.O., KANNUR DISTRICT - 670 592 RESIDING AT NEELAMBARI P.O., KIZHUNNA, KANNUR DISTRICT - 670 007.

¶223

3 M.INDIRA H.S.A (RETIRED), KOODALI HIGHER SECONDARY SCHOOL, KOODALI P.O., KANNUR DISTRICT - 670 592 RESIDING AT WHITE HOUSE P.O., EACHOOR, KANNUR DISTRICT - 670 591.

¶224

BY.ADV. SRI.P.M. PAREETH

¶225

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2019, ALONG WITH WA NO.1858/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶226

WA.No.1858 of 2018

¶227

¶228

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶229

PRESENT

¶230

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶231

¶232

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶233

FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

¶234

WA.No.1910 of 2018

¶235

AGAINST THE JUDGMENT IN WP(C) NO.1159/2018 OF THE HIGH COURT OF KERALA DATED 11.01.2018

¶236

APPELLANTS/RESPONDENTS:

¶237

1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶238

2 THE SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶239

3 THE DIRECTOR OF HIGHER SECONDARY EDUCATION H.S.E.DIRECTORATE, THIRUVANANTHAPURAM-695 001

¶240

4 THE ACCOUNTANT GENERAL (A AND E) KERALA, THIRUVANANTHAPURAM-695 039

¶241

5 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001

¶242

BY SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE

¶243

WA.No.1858 of 2018

¶244

¶245

RESPONDENT/PETITIONER:

¶246

SOOSAMMA THOMAS

¶247

H.S.S TEACHER (HINDI)(RETIRED), ST.MARYS GHSS, PALA-686575, RESIDING AT VATTOTH HOUSE, MEENACHIL P.O., PALAKKAD,PALA-686577

¶248

BY ADV. SRI.SIJI ANTONY

¶249

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2019, ALONG WITH WA NO.1858/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶250

WA.No.1858 of 2018

¶251

¶252

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶253

PRESENT

¶254

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶255

¶256

THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

¶257

WA.No.2119 of 2018

¶258

AGAINST THE JUDGMENT IN WP(C) NO.40139/2017 OF THE HIGH COURT OF KERALA DATED 13.12.2017

¶259

APPELLANTS/RESPONDENTS:

¶260

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

¶261

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHI, THIRUVANANTHAPURAM - 695 001.

¶262

3 THE DEPUTY DIRECTOR EDUCATION PATHANAMTHITTA - 689 001.

¶263

BY SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE

¶264

RESPONDENT/PETITIONER:

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RAJU DANIEL, HEADMASTER (RETD), ST. PETERS U.P SCHOOL, KODUMON, RESIDING AT KAITHAVANA HOUSE, CHANDANAPPALLY P. O, PATHANAMTHITTA - 689648.

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BY ADVS. SRI.KALEESWARAM RAJ KUM.A.ARUNA KUM.THULASI K. RAJ SMT.RIYA RAYMOL IYPE SRI.VARUN C.VIJAY

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.07.2019, ALONG WITH WA NO.1858/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA.No.1858 of 2018

JUDGMENT

K. Vinod Chandran, J.

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The issue raised in these appeals are similar to the issue raised in another batch of Writ Appeals of the Government from a common judgment of the learned Single Judge, which we dismissed yesterday [04.07.2019]. The issue in all the Writ Appeals is whether the provisional service, for eg:- service in a leave vacancy, in an aided School can be added on for reckoning the qualifying service for pension; when the incumbent later joins a regular service and continues there till his/her superannuation.

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2. The learned Single Judge in the judgment impugned in the batch of appeals distinguished Alizuamma v. Accounts Officer, Office of the Accountant General [2013 (4) KLT 53] . We already found that Alizuamma [cited supra] does not propound a different proposition from Rule 14E of the Kerala Service Rules, 1956 [for brevity, 'the

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KSR']. Rule 14E was found to be enabling such provisional service to be reckoned for the purpose of computing qualifying service for pension also going by Decision No.8(ii) under Rule 14E of the KSR. Alizuamma only rejected the contention of the appellant therein that the entire span of years within which the provisional service was carried out for different periods, has to be included under Rule 31 of the KSR. Rule 31 was interpreted to be applicable only to regular service. The Division Bench itself found Rule 14E, enabling provisional service to be counted in reckoning qualifying service for pension, but only the actual service spent on a leave vacancy or otherwise.

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3. The learned Government Pleader has a

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different contention with respect to Writ Appeal Nos.2119 of 2018 and 1178 of 2019, as far as reckoning of provisional service claimed by the respondents therein for the purpose of determining

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qualifying service, which we shall deal with separately. In W.A. No. 2119 of 2018, it is pointed out that the writ petitioner seeks inclusion of 4 years, 7 months and 7 days as qualifying service which is said to be a provisional service under another management of an aided school. The claim made by the petitioner, as is seen from writ petition, is from 20.07.1987 to 26.02.1992. The learned Government Pleader specifically points out that Ext.P1 appointment order does not indicate that appointment to be provisional. The appointment has been made from 20.07.1987 FN and it could only be a permanent appointment. If it was a permanent appointment then the cessation of service, from 26.02.1992 as claimed by the petitioner could only be a resignation or termination otherwise, in which event Rule 62 Chapter XIV.C KER would stand against the petitioner.

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4. The learned Government Pleader also

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relies on the judgment of a Division Bench of this

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Court in State of Kerala and others Vs. Havvaumma K.V. and others dated 29.11.2017 [in W.A. No.914 of 2014] wherein the effect of Rule 62 Chapter XIVC KER and Rule 29 Part III KSR was elaborately considered. Therein a teacher, who had different periods of service in leave vacancies, had during the validity of the leave vacancy from 01.02.1989 to 31.01.1994 resigned from the provisional service on 30.06.1989. Later, after about 6 years she was appointed on regular basis in an aided school on 01.07.1996. She claimed the various periods of provisional service in leave vacancies prior to 26.03.1996 reckoning her qualifying service for pension.

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5. The Division Bench specifically

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referred to two decisions of this Court in V. K. Pathumma Beevi Vs. State of Kerala [2007 (4) KHC 738] and State of Kerala Vs. E. K. Varghese

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[2016(1) KHC 35] to deny the claim. It was found that Rule 62 XIV.C KER disables a person from claiming past service prior to resignation, since the consequence of resignation is forfeiture of such service. When resignation itself is premature, Rule 29 Part III KSR does not come to aid such person, since it only permits resignation on the ground of a fresh appointment in service, which is not reckoned as resignation from public service, if the break in service does not exceed the joining time admissible under the Service Rules plus public holidays. The intention of Rule 29 Part III KSR is to protect the service of a person who resigns from service for the purpose of accepting another appointment in a pensionable service; which benefit cannot be conferred on the persons who resigned from service; however extenuating and genuine the reasons may be.

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6. In W.A. No.2119 of 2018 the respondent

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specifically refers to the entries in the Service Book, copy of which is produced along with the Writ Petition. It is the contention that the entries in the service book clearly indicate that earlier service was provisional service. However the learned Senior Government Pleader took strong exception to the reference to Service Book, especially when there could be such entries made,

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to help a teacher by the Head Master or Head Mistress [who makes the endorsements in the service book]; even if it is counter signed by the Assistant Education Officer.

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7. We hence hold on the basis of the

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aforesaid decisions if the writ petitioner had resigned from service definitely she would not be entitled to reckon her past service for the purpose of pension. We hence in the above case direct the Deputy Director of Education to verify on the basis of the records relating to Ext.P1 appointment order

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and the reasons for cessation of service on 26.02.1992 to determine as to whether the past service has to be reckoned for the purpose of qualifying service. The Deputy Director of Education shall issue separate order in the case of the petitioner, if her claim is rejected clearly indicating the reasons for such refusal. It is also made clear that any service she had after 26.02.1992, even if it was provisional, shall be reckoned as qualifying service.

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8. Writ Appeal No. 1178 of 2019 is also distinguished by the learned Senior Government Pleader on the aspect of pre-resignation service. Therein admittedly the writ petitioner was under permanent service during the period from 29.08.1983 to 19.10.1992, on which later date she resigned. The petitioner then joined a leave vacancy in an aided school at her native place w.e.f. 20.10.1992 to 17.12.1992. Later, she joined regular service in

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another school under the same management w.e.f. 01.06.1998. The respondent's contention herein is specifically that Rule 29 Part III KSR enables her past pre-resignation service to be reckoned for the purpose of pension since she joined in an approved leave vacancy on the very next day of her resignation. We cannot accept the said submission going by the decisions referred.

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9. As we noticed in Havvaumma's case [cited supra], the question was whether the resignation from a leave vacancy would result in forfeiture of pre-resignation service as per Rule 62 Chapter XIV.C KER. Here the resignation was from permanent service itself and the reason projected is for joining in a leave vacancy at the teacher's native place. Rule 62 Chapter XIV.C KER will have application in so far as forfeiture is a direct consequence of such resignation. Rule 29 Part III KSR according to us culls out the specific instance

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of resignation for the purpose of taking up another appointment; which appointment has to be to a regular service, wherein the prior service could be reckoned as qualifying service. It is also to be observed that Note under Rule 29 specifically speaks of the break between two appointments, not exceeding the joining time; which again points to the fact that the subsequent appointment, which was

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the cause of resignation, should be a regular permanent service. There cannot also be any joining time in filling up a leave vacancy. In the said circumstances, going by the decisions above referred, we have to hold that respondent, by operation of Rule 62 Chapter XIV.C. K.E.R., is disentitled to add the period from 29.08.1983 to 19.10.1992 for the purpose of reckoning qualifying service. Any provisional service post resignation shall be entitled to be counted as qualifying service.

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We hence reject the Writ Appeals following

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our judgment in W.A. No.1235 of 2018 and connected cases dated 04.07.2019 with the reservation as above in two appeals with respect to the specific periods above mentioned. The parties shall bear

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their respective costs.

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Sd/-

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K. VINOD CHANDRAN, JUDGE.

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Sd/-

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V.G. ARUN, JUDGE.

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sp/kmd/05/04/19