The High Court of Kerala dismissed the petitioner's writ petition seeking a declaration of pensionary benefits based on service rendered at Assam. The court rejected the claim relying on a recent Division Bench judgment in State of Kerala v. Devayani.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 11TH DAY OF AUGUST 2020 / 20TH SRAVANA, 1942
WP(C).No.5918 OF 2010(L)
PETITIONER:
E.NARAYANA KAIMAL, KRISHNA CHAITHANYA, TEMPLE JUNCTION, PERUMBAVOOR,, ERNAKULAM DISTRICT-683 542. BY ADV. SRI.A.A.ABUL HASSAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2 THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 4 PRINCIPAL, SREE SANKARA VIDYAPEETOM COLLEGE, SREESANKARAPURAM, VALAYANCHIRANGARA P.O., PERUMBAVOOR, PIN-683 556. BY ADV. SRI.ARAVINDAKUMAR BABU, SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5918 OF 2010(L)
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JUDGMENT
The petitioner, who retired from service while working in Sree Sankara Vidyapeedom College, Perumbavoor, which is an aided college filed this writ petition seeking a declaration that he is entitled to get his pensionary benefits fixed reckoning the service rendered by him in Kaliabor College, Assam and for consequential directions.
2. A similar issue was considered by the
Division Bench and the claim was rejected in the judgment in State of Kerala v. Devayani [2020 (1) KLT 627].
Therefore the petitioner's claim cannot be accepted. Accordingly the writ petition is
dismissed in the light of the aforesaid judgment.
Sd/P.V.ASHA JUDGE
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE SERVICE CERTIFICATE DATED 19/11/1999 ISSUED BY THE PRINCIPAL, KALIABOR COLLEGE, ASSAM. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE LETTER DATED 02/06/2001 OF THE PRINCIPAL OF KALIABOR COLLEGE, ASSAM. |
| EXHIBIT P3 | A TRUE COPY OF THE NO OBJECTION LETTER DATED 01/09/1981 ISSUED BY THE PRINCIPAL, KALIABOR COLLEGE, ASSAM. |
| EXHIBIT P4 | A TRUE COPY OF THE PAY FIXATION CERTIFICATE ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. |
| EXHIBIT P5 | A TRUE COPY OF THE LETTER DATED 27/11/1990 CONVEYING THE RESOLUTION AND SETTING OUT THE NORMS ISSUED BY THE UGC. |
| EXHIBIT P6 | A TRUE COPY OF THE CIRCULAR DATED 07/04/1992 ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. |
| EXHIBIT P7 | A TRUE COPY OF THE GO(MS) NO.125/99/H. EDN. DATED 07-10-1999 ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P8 | A TRUE COPY OF THE RELEVANT PAGES OF THE GO(P) NO.171/99/H.EDN. DATED 21/12/1999 ISSUED 1ST RESPONDENT. |
| EXHIBIT P9 | A TRUE COPY OF THE REPLY DATED 31/03/2000 OF THE KALIABOR COLLEGE, ASSAM. |
| EXHIBIT P10 | A TRUE COPY OF THE ORDER DATED 17/07/2000 OF THE MANAGER, SSV COLLEGE, VALAYANCHIRANGARA. |
| EXHIBIT P11 | A TRUE COPY OF THE SAID ORDER DATED 22/10/2001 OF THE MANAGER, SSV COLLEGE, VALAYANCHIRANGARA. |
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| EXHIBIT P12 | A TRUE COPY OF TH KALIABOR COLLEGE, |
E LETTER OF THE PRINCIPAL, ASSAM, DATED 30/10/2000. |
|---|---|---|
| EXHIBIT P13 | A TRUE COPY OF TH OF THE DIRECTOR OF |
E LETTER DATED 13/07/2001 HIGHER EDUCATION, ASSAM. |
| EXHIBIT P14 | A TRUE COPY OF 24/08/2009 OF THE |
THE REPRESENTATION DATED PETITIONER. |
| EXHIBIT P15 | A TRUE COPY OF TH ISSUED BY THE 2ND |
E LETTER DATED 19/12/2009 RESPONDENT. |
| EXHIBIT P16 | A TRUE COPY OF 37176/2003 DATED HON'BLE COURT. |
THE JUDGMENT IN W.P.(C) 12/03/2007 PASSED BY THIS |
| EXHIBIT P17 | A TRUE COPY GO(RT)NO.1449/2007 ISSUED BY THE 1ST |
OF THE ORDER NO. /H. EDN. DATED 28/07/2007 RESPONDENT. |
| EXHIBIT P18 | A TRUE COPY OF 24546/2004 DATED HON'BLE COURT. |
THE JUDGMENT IN W.P(C) 09/10/2009 PASSED BY THIS |
2 issues framed by the court
Whether the petitioner is entitled to pensionary benefits fixed reckoning service rendered in Kaliabor College, Assam, in view of a prior judgment?
Whether the writ petition challenging the denial of pension benefits based on inter-college service transfer needs to be allowed?
Colour shows how this judgement treated each authority
State of Kerala v. DevayaniFollowed¶15
State of Kerala v. Devayani [2020 (1) KLT 627]
E.NARAYANA KAIMAL
STATE OF KERALA REP THE PRINCIPAL SECRETARY TO GOVERNMENT
THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM
THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION ERNAKULAM
PRINCIPAL SREE SANKARA VIDYAPEETOM COLLEGE
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
