Disposed

Suresh Kumar.P.K. v. State of Kerala

Kerala HC4 Jun 2019WP(C)/4864/2019

Case brief

AI extract

What is this about?

Petitioner claimed entitlement to statutory pension scheme for service rendered in leave vacancies before his regular appointment. Court held matter should be referred to Government for representation with representation opportunity and decision within three months.

What did the court decide?

Petitioner directed to submit representation to First Respondent; First Respondent required to afford hearing opportunity and decide within three months.

Suresh Kumar.P.K. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (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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TUESDAY, THE 04TH DAY OF JUNE 2019 / 14TH JYAISHTA, 1941

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WP(C).No. 4864 of 2019

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PETITIONER:

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SURESH KUMAR.P.K. AGED 38 YEARS LPSA,SAUP SCHOOL, THIRUNELLY, WAYANAD

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BY ADVS. SRI.AUGUSTINE JOSEPH SRI.GEORGE RENOY SRI.K.S.ROCKEY SRI.TONY AUGUSTINE

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RESPONDENTS:

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

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2 THE DISTRICT EDUCATIONAL OFFICER, KALPETTA, WAYAND-673 121

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3 THE ASSISTANT EDUCATIONAL OFFICER, MANANTHAWADY, WAYANAD-670 645

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OTHER PRESENT:

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SPL GP.SMT.DIVYA C. BALAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4864 of 2019

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JUDGMENT

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The petitioner who has been working as LPSA in leave vacancies for the period from 2.12.2005 to 31.7.2008, thereafter, from 1.8.2008 to 31.12.2009, from 23.9.2010 to 3.12.2010 and from 11.6.2013 to 31.3.2015 as per the orders Exts.P1,P2, P3 and P4, was regularly appointed against a permanent vacancy as per Ext.P7 order on 23.6.2015. Since, her regular appointment was made only after 1.4.2013, the petitioner was compelled to remit contributions towards National Pension System. As per Ext.P9 order, those who were appointed in substantive vacancies on regular basis on or before 31.3.2013 alone were eligible to exercise option to continue under statutory pension scheme under Part III of Kerala Service Rules.

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Petitioner claims that the temporary spells of his appointment are reckoned for increments and for other service benefits and therefore, he is entitled to be included under the statutory pension scheme under KSR and that Ext.P9 order to the extent it does not permit the service rendered by him prior to his appointment against permanent vacancy is arbitrary.

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WP(C).No. 4864 of 2019

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As the National Pension Scheme was already implemented w.e.f 1.4.2013 and Government has already passed orders, regarding its implementation, as seen from Exts.P8 and P9, I am of the view that the petitioner has to approach the Government with a suitable representation. In case, such a representation is submitted, the 1^st respondent shall consider the same, after affording an opportunity of hearing to the petitioner and take a decision and to communicate the same to petitioner within a period of three months from the date of receipt of a copy of the judgment.

Sd/-

P.V.ASHA

JUDGE

ska

WP(C).No. 4864 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE APPOINTMENT ORDER DATED 2.12.2005 WITH THE ENDORSEMENT OF APPROVAL
EXHIBIT P2	TRUE COPY OF THE APPOINTMENT ORDER DATED 1.8.2008 ALONG WITH THE ENDORSEMENT
EXHIBIT P3	TRUE COPY OF THE APPOINTMENT ORDER DATED 23.9.2010 WITH ITS APPROVAL
EXHIBIT P4	TRUE COPY OF THE APPOINTMENT ORDER DATED 11.6.2013
EXHIBIT P5	TRUE COPY OF THE JUDGMENT DATED 26.3.2018 IN W.P(C) NO.7579/2018
EXHIBIT P6	TRUE COPY OF THE ORDER OF THE DIRECTOR OF PUBLIC INSTRUCTIONS DATED 13.6.2018
EXHIBIT P7	TRUE COPY OF THE APPOINTMENT ORDER DATED 23.6.2015 ALONG WITH THE ENDORSEMENT OF APPROVAL
EXHIBIT P8	TRUE COPY OF THE ORDER G.O.(P) NO.20/2013/FIN DATED 7.1.2013
EXHIBIT P9	TRUE COPY OF THE ORDER IN G.O.(P) NO.209/2013/FIN DATED 7.5.2013

Suresh Kumar.P.K. v. State of Kerala

Case brief

What is this about?

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Suresh Kumar.P.K. v. State of Kerala

Case brief

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