Disposed

K.I.Marrgret v. the Accountant General (a/E)

Kerala HC3 Jun 2019WP(C)/14353/2019

Case brief

AI extract

What is this about?

The court disposed of the writ petition seeking full pension benefits based on leap years. It directed the 2nd respondent to consider the petitioner's representation in accordance with law after affording an opportunity of hearing within three months, deciding without going into the merits.

What did the court decide?

Direction to the 2nd respondent to consider the Ext.P3 representation and pass orders on it after affording an opportunity of hearing to the petitioner within three months.

K.I.Marrgret Vs the Accountant General (a/E) — Pension and Retirement Benefits | Kerala HC (2019)

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W.P(c).No.14353/2019

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941

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WP(C).No. 14353 of 2019

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PETITIONER:

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K.I.MARRGRET

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AGED 56 YEARS W/O. JOB P.F, RESIDING AT PANAKKAL HOUSE, MAMMIYOOR, GURUVAYOOR P.O, THRISSUR-680101.

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BY ADVS.

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SRI.SONNYMON K. MATHEW SRI.JOSE JOSEPH (MANNAR)

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RESPONDENTS:

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1 THE ACCOUNTANT GENERAL (A&E) THIRUVANANTHAPURAM, PIN-695001.

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2 THE SECRETARY, KERALA GOVERNMENT GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

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3 THE DEPUTY DIRECTOR, EDUCATION, THRISSUR-680001.

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4 THE SUB TREASURY OFFICER, KUNNAMKULAM, THRISSUR-680002.

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SR. GOVERNMENT PLEADER NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(c).No.14353/2019

P.V.ASHA, J.

W.P(C) No.14353 of 2019-T

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Dated this the 3^rd day of June, 2019

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JUDGMENT

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The petitioner claims the benefit of the judgment Ext.P7. He has submitted Ext.P3 representation before the Government stating that there were 7 leap years during the 29 years of service he has rendered and therefore he is entitled to full pension. The petitioner relies on Ext.P7 judgment.

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Therefore, without going into the merits of the case, I dispose of the Writ Petition with a direction to the 2^nd respondent to consider and pass orders on Ext.P3 representation in accordance with law after affording an opportunity of hearing to the petitioner, within a period of three months.

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Sd/- (P.V.ASHA, JUDGE)

rtr/

W.P(c).No.14353/2019

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ONE PENSION BOOK OF THE PETITIONER.
EXHIBIT P2	TRUE COPY OF THE KERALA SERVICE RULES (KSR) RULE 57 PART III.
EXHIBIT P3	TRUE COPY OF THE REPRESENTATION DATED 2.5.2018.
EXHIBIT P4	TRUE COPY OF THE REPLY AS VERIFICATION REPORT NO.P.R.2101810849/P-3/3/1018384645 ISSUED BY THE SR. ACCOUNTS OFFICER, OF THE 1ST RESPONDENT OFFICE, DATED ON 2.5.2018.
EXHIBIT P5	TRUE COPY OF THE ONE PENSION BOOK OF ANOTHER FULL PENSION HOLDER.
EXHIBIT P6	TRUE COPY OF THE JUDGMENT CONNECTED WITH THE LEAP YEAR ISSUE IN SERVICE CALCULATION PRONOUNCED IN WPC NO.10405/2009 DATED 22.09.2015.
EXHIBIT P7	TRUE COPY OF THE CASE LAW JUDGMENT IN WRIT APPEAL NUMBERED AS WA NO,.146/2016 DATED 17.07.2017.
EXHIBIT P8	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER.

K.I.Marrgret v. the Accountant General (a/E)

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K.I.Marrgret v. the Accountant General (a/E)

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