Allowed

Minimol Joseph J., v. the State of Kerala

Kerala HC12 Aug 2020WP(C)/846/2020

Case brief

AI extract

What is this about?

The court allowed a writ petition seeking pension computations for a retired LPSA, directing the Assistant Educational Officer to recalculate benefits by including broken spells of service rendered prior to her regular service in an aided school.

What did the court decide?

The petitioner was directed to have her pensionary benefits recomputed reckoning the broken spells of service, with the balance retirement benefits to be disbursed within four months.

Minimol Joseph J., Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2020)

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WP(C).No.846 OF 2020(E)

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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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WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942

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WP(C).No.846 OF 2020(E)

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PETITIONER/S:

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MINIMOL JOSEPH J., AGED 57 YEARS W/O.P.C.THOMAS, PATHIRIKARA HOUSE, VAZHITHALA, IDUKKI - 685 583.

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BY ADVS. SRI.C.D.DILEEP SRI.I.J.AUGUSTINE

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RESPONDENT/S:

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1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX II, THIRUVANANTHAPURAM - 695 001.

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2 SECRETARY TO GOVERNMENT,DEPARTMENT OF FINANCE, THIRUVANANTHAPURAM - 695 001.

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3 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695 014.

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

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5 THE ASSISTANT EDUCATIONAL OFFICER, THODUPUZHA, IDUKKI - 685 584.

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6 ST.ANTONY'S LP SCHOOL VENGALOOR VAZHITHALA, IDUKKI - 685 583 REPRESENTED BY CORPORATE MANAGER, ARCHDIOCESE KOTTAYAM CATHOLIC METROPOLITANS' HOUSE, KOTTAYAM - 686 001.

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OTHER PRESENT:

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SRI. SUNIL KUMAR KURIAKOSE G.P.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.846/2020

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JUDGMENT

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Dated this the 12^th day of August 2020

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The petitioner, who retired from service on 30.04.2018

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while working as LPSA in the 6^th respondent aided school, complains that the broken spell of her service prior to her regular service as LPSA is not reckoned for the purpose of pension. The issue raised by the petitioner is covered by the judgment of this Court reported in Sabu Mathew vs. State of Kerala : 2017 (4) KLT 501 which is upheld in the judgment in State of Kerala and others vs. Sabu Mathew and others : 2019 (3) KHC 972 (DB) in favour of the petitioner. In implementation of these judgments the Government has issued Ext.P9 order on 28.10.2019 clarifying that broken spells of provisional service/leave vacancy service rendered by regular aided school staff/Government employees, in aided schools prior to their entry in regular service shall not be reckoned as qualifying service w.e.f. 10.08.2018. On the basis of the Government order dated 28.10.2019, persons like petitioners who retired from service before 10.08.2018 would be entitled to get their pension fixed reckoning the broken spells of service also.

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W.P.(C) No.846/2020

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Petitioner will also be entitled to get her pensionary benefits fixed reckoning the service rendered prior to her regular service.

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Therefore, there shall be a direction to the 5^th

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respondent to recompute the pensionary benefits due to the petitioner reckoning the broken spells of service rendered by her, sanction and settle the pensionary benefits and disburse the balance retirement benefits due to her accordingly within a period of four months from the date of receipt of a copy of the judgment.

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The Writ Petition is disposed of accordingly.

Sd/-

P.V.ASHA

JUDGE

rkc

WP(C).No.846 OF 2020(E)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF THE EXTRACT OF PART I BOOK.	SERVICE
EXHIBIT P2	A TRUE COPY OF THE STATEMENT OF FIXATION ON COMPLETION OF 10 YEARS NO.C/3120/2000/K.DIS. DATED 11/10/2000.	OF PAY HAVING
EXHIBIT P3	A TRUE COPY OF THE STATEMENT OF FIXATION ON COMPLETION OF 23 YEARS NO.F/5711/2012/K.DIS. DATED 08/10/2012.	OF PAY HAVING
EXHIBIT P4	A TRUE COPY OF VERIFICATION REPORT HAVI R 210812767/P-12/4/1018387074 DATED 31/0	NG NO.P 5/2018.
EXHIBIT P5	A TRUE COPY OF THE REPRESENTATION.
EXHIBIT P6	A TRUE COPY OF THE ORDER HAVING NO.B/66 DATED 04/01/2019.	36/2018
EXHIBIT P7	A TRUE COPY OF THE GO(P) NO.47/2018/FIN 21/03/2018.	. DATED
EXHIBIT P8	A TRUE COPY OF G.O.(P) NO.128/18 FIN 10/08/2018.	DATED
EXHIBIT P9	A TRUE COPY OF THE GOVERNMENT ORDER NO.401/2019/FIN DATED 28/10/2019.	GO(MS)
EXHIBIT P10	A TRUE COPY OF THE COMMUNICATION NO.P12/4/1019429855/2101934305/353 DT.5. THE 4TH RESPONDENT ACCOUNTANT GENERAL	LETTER 2.20 OF

Minimol Joseph J., v. the State of Kerala

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Minimol Joseph J., v. the State of Kerala

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