Allowed

Somasundaran K v. State of Kerala

Kerala HC20 Dec 2021WP(C)/21409/2014

Case brief

AI extract

What is this about?

The High Court held that a government teacher pioneer entitled to pensionary benefits from the date his voluntary retirement was sanctioned (01.04.2002), despite the pension order specifying a later date. The court set aside the erroneous pension effective date and directed the disbursement of arrears with interest.

What did the court decide?

Pension arrears from 01.04.2002 to 23.10.2009 to be paid at 6% interest per annum within four months.

Somasundaran K Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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MONDAY, THE 20^TH DAY OF DECEMBER 2021 /29TH AGRAHAYANA, 1943

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WP(C) NO. 21409 OF 2014

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PETITIONER:

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SOMASUNDARAN K, AGED 62 YEARS, S/O. KUNKER, KALLADUTH HOUSE, KADALUR P. O, THIKKODI (VIA), KOZHIKODE - 673 529.

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BY ADVS. SRI. N.M.MADHU SMT. C.S.RAJANI

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RESPONDENTS:

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

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2 THE ADDITIONAL SECRETARY GENERAL EDUCATION (T) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 THE DIRECTOR HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM - 695 001.

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4 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, KOZHIKODE - 673 001.

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5 THE PRINCIPAL, HIGHER SECONDARY SCHOOL, THIRUVANGOOR, THIRUVANGOOR P.O, PIN - 673 318.

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6 THE MANAGER, HIGHER SECONDARY SCHOOL, THIRUVANGOOR, THIRUVANGOOR P.O - 673 318.

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SRI. K.M.FAISAL - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.21409 OF 2014

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JUDGMENT

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The petitioner, while working as a Higher Secondary School Teacher at Thiruvangoor Higher Secondary School, Kozhikode, applied for voluntary retirement with effect from 31.03.2002, after putting in a service of more than 26 years.

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According to the petitioner, there was inordinate delay in sanctioning the Voluntary Retirement applied for by him. Aggrieved by the stalemate in the processing of his application for VRS, the petitioner, by representation dated 06.11.2013, requested the Government to sanction the pensionary benefits due to him by expediting the action on his application for VRS. Finally, during the pendency of the writ petition, the proposal for VRS was considered and the Government passed Ext. R3 (a) order according sanction for voluntary retirement of the petitioner from service with effect from 01.04.2002 FN. The relevant portion of Ext.R3 (a) is extracted hereunder:-

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“5. Government have examined the matter in detail as per the existing rules and orders. The incumbent submitted his request for voluntary retirement on 18.12.2001 itself and requested to allow him to retire

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W.P.(C) NO.21409 OF 2014

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from service with effect from 31.03.2002 AN or 01.04.2002 FN. The entry of the word 'resignation' in the proceedings of the Director of Higher Secondary Education, read as 2^nd paper above, was only inadvertent. Hence, taking a lenient view as the incumbent is deprived of his pensionary benefits for a prolonged period, Government are pleased to grant Leave Without Allowance, other than on Medical Certificate, for a period from 07.10.2001 to 31.03.2002 under the conditions stipulated in Rule 88, Part I, KSRs on condition that the period of leave will not count for increment, higher grade, pension and accumulation of earned leave to Sri.K.Somasundaran, Higher Secondary School Teacher in English, Thiruvangoor Higher Secondary School, Thiruvangoor. Sanction is also accorded to Sri.K.Somasundaran for voluntary retirement from service with effect from 01.04.2002 FN as per Rule 56 Part III KSRs. Excess amount, if any, drawn after 01.04.2002 has to be refunded. The pension sanctioning authority shall ensure this before sanctioning pension consequent on sanctioning Voluntary Retirement with effect from 01.04.2002 FN.”

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(emphasis supplied)

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Pursuant to Ext. R3 (a), the Government sanctioned pension

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to the petitioner vide Ext. P12 with effect from 24.10.2009.

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In Ext.P12, it is stated as follows:-

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“3) Government have examined the matter in detail and are pleased to sanction pension to Sri.Somasundaran. K, with effect from 24.10.2009, the date by which the incumbent applied for pensionary benefits.”

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(emphasis supplied)

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W.P.(C) NO.21409 OF 2014

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According to the petitioner, the Government ought to have sanctioned pension to him with effect from 01.04.2002, the date on which the Government accorded sanction for his voluntary retirement from service and he is entitled to pensionary benefits from the said date.

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3.Heard the counsel for the petitioner and the learned Government Pleader.

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4.In Ext.P12, the reason stated for sanctioning pension with effect from 24.10.2009 is that, the petitioner applied for pensionary benefits only on the said date.

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As can be seen from Ext. R3 (a) order, the petitioner applied for VRS on 18.12.2001. Ext.P1 is the application wherein the petitioner had requested for voluntary retirement with effect from 31.03.2002 AN or 01.04.2002 FN. and for grant of pension and D.C.R.G. The VRS has been sanctioned with effect from 01.04.2002 FN. In Ext.R3 (a), the only condition the Government imposed while sanctioning VRS with effect from 01.04.2002 is that excess amount, if any, drawn after 01.04.2002 has to be refunded. However, in

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W.P.(C) NO.21409 OF 2014

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Ext.P12, the Government sanctioned pension only with effect from 24.10.2009 stating that, the petitioner applied for pensionary benefits on the said date. As is evident from Ext.R3 (a), the request of the petitioner for VRS and pensionary benefits was made on 18.12.2001. In Ext. R3 (a), the Government refers about the grievance raised by the petitioner regarding the stalemate in the processing of his application for VRS and pensionary benefits and the request dated 24.10.2009 of the petitioner for sanctioning the pensionary benefits. Obviously, that is not the first request of the petitioner for pensionary benefits. In Ext.P1 application for VRS itself, the petitioner had made the request for pensionary benefits. As evident from Ext.R3 (a), the request dated 24.10.2009 for sanctioning pensionary benefits was made by the petitioner as no information was forthcoming on Ext.P1 application dated 18.12.2001. Consequent on sanctioning of VRS with effect from 01.04.2002 vide Ext.R3 (a), the petitioner is entitled to pensionary benefits from 01.04.2002. The Government cannot take a different stand in Ext.P12 ignoring its finding in Ext.R3 (a). Having sanctioned

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W.P.(C) NO.21409 OF 2014

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VRS with effect from 01.04.2002, the petitioner is entitled to pensionary benefits from the said date. Accordingly, Ext. P12 to the extent it sanctions pension to the petitioner with effect from 24.10.2009 is set aside and the 1^st respondent is directed to sanction pension to the petitioner with effect from 01.04.2002. The arrears of pension for the period from 01.04.2002 to 23.10.2009 shall be disbursed to the petitioner, within a period of four months from the date of receipt of a copy of this judgment. The arrears of pension, as aforesaid, shall carry interest at the rate of 6% per annum.

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The writ petition is disposed of with the above directions. There will be no order as to costs.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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W.P.(C) NO.21409 OF 2014

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT	P1 TRUE COPY OF APPL DATED 18/12/2011.	ICATION FOR VRS
EXHIBIT	P2 TRUE COPY OF THE 03/09/2010.	REPORT DATED
EXHIBIT	P3 TRUE COPY OF THE 28/09/2010.	COMMUNICATION DATED
EXHIBIT	P4 TRUE COPY OF THE 13/01/2012 SENT B NO.5.	COMMUNICATION DATED Y THE RESPONDENT
EXHIBIT	P5 TRUE COPY OF THE DATED 04/12/2002.	APPROVAL ORDER
EXHIBIT	P6 TRUE COPY OF THE 07/11/2012.	LETTER DATED
EXHIBIT	P7 TRUE COPY OF THE 19/03/2013 SENT O THIRD RESPONDENT FIVE AND SIX.	LETTER DATED N BEHALF OF THE TO THE RESPONDENTS
EXHIBIT	P8 TRUE COPY OF THE 11/11/2013 SENT T RESPONDENT.	LETTER DATED O THE FIFTH
EXHIBIT	P9 TRUE COPY OF THE 10/02/2014.	LETTER DATED
EXHIBIT	P10 TRUE COPY OF THE 10/02/2014.	LETTER DATED
EXHIBIT	P11 TRUE COPY OF THE 16/06/2014.	LETTER DATED
EXHIBIT	P12 TRUE COPY OF THE NO.145/2016/G.EDN THIRUVANANTHAPURA	G.O.(RT.) . DATED, M, 13.01.2016.
EXHIBIT	P13 TRUE COPY OF THE DATED 24.08.2016 PETITIONER (WITHO	REPRESENTATION SUBMITTED BY UT ENCLOSURES).
EXHIBIT	P14 TRUE COPY OF THE NO.T3/101/2018/GE 14.10.2009.	PROCEEDING BEARING DN DATED
EXHIBIT	P15 TRUE COPY OF THE 29.05.2013 ISSUED TREASURY OFFICER,	LETTER DATED BY THE SUB KOYILANDY.
EXHIBIT	P16 TRUE COPY OF THE	LETTER DATED

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W.P.(C) NO.21409 OF 2014

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07.06.2013 ISSUED BY THE PRINCIPAL, THIRUVANGOOR H.S.S., THIRUVANGOOR. EXHIBIT P17 TRUE COPY OF THE LETTER DATED 18.12.2001 SUBMITTED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT. EXHIBIT P17(a) TRUE COPY OF THE LETTER DATED 18.12.2001 SUBMITTED BY THE PETITIONER BEFORE THE SIXTH RESPONDENT. EXHIBIT P17(b) TRUE COPY OF THE LETTER DATED 18.12.2001 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT EDUCATION OFFICER, VADAKARA. EXHIBIT P18 TRUE COPY OF THE LETTER DATED 07.10.2015 ISSUED BY THE OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. EXHIBIT P18(a) TRUE COPY OF THE READABLE VERSION OF THE LETTER DATED 07.10.2015 ISSUED BY THE OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. EXHIBIT P19 TRUE COPY OF THE LETTER DATED 12.06.2015 SUBMITTED BY THE PETITIONER TO THE PRINCIPAL, THIRUVANGOOR HSS, THIRVANGOOR. EXHIBIT P20 TRUE COPY OF THE PETITION DATED 24.03.2016 FILED BY THE PETITIONER BEFORE THE KERALA STATE HUMAN RIGHT COMMISSION, THIRUVANANTHAPURAM. EXHIBIT P21 TRUE COPY OF THE ORDER DATED 12.06.2017 PASSED BY THE KERALA STATE HUMAN RIGHT COMMISSION.

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RESPONDENTS'S EXHIBITS:-

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EXHIBIT R3(a) TRUE COPY OF THE GOVERNMENT ORDER G.O (Rt) NO.4320/2014/G.EDN DATED 20.10.2014. EXHIBIT R3(b) TRUE COPY OF THE LETTER FROM THE 4TH RESPONDENT DATED 26.11.2014.

Somasundaran K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Somasundaran K v. State of Kerala

Case brief

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