Allowed

Elizabeth M.M. v. State of Kerala

Kerala HC8 Jan 2021WP(C)/28813/2020

Case brief

AI extract

What is this about?

The High Court of Kerala, on an expression of opinion regarding pensionary benefits, granted only relief on the procedural aspect, directing the fourth respondent to consider and pass an order on the petitioner's representation within two months after hearing.

What did the court decide?

Direction to the fourth respondent to consider the Ex.P4 petition and pass appropriate orders within two months after hearing the petitioner.

Elizabeth M.M. 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 MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

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WP(C).No.28813 OF 2020(B)

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PETITIONER/S:

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ELIZABETH M.M. AGED 56 YEARS W/O.ANTONY E.O., ERATHARA HOUSE, KONTHURUTHY, THEVARA-682013, ERNAKULAM DISTRICT.

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BY ADVS. SRI.K.T.THOMAS SRI.MATHEW B. KURIAN SRI.NIKHIL BERNY

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RESPONDENT/S:

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1 STATE OF KERALA REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM-695001.

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3 THE ACCOUNTANT GENERAL (A AND E), INDIAN AUDIT AND ACCOUNTS DEPARTMENT, OFFICE OF ACCOUNTANT GENERAL (A AND E), THIRUVANANTHAPURAM-695039.

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4 THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, ALAPPUZHA-688007.

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5 THE MANAGER, ST.ANTONYS HIGH SCHOOL, KOKKAMANGALAM, CHERTHALA, ALAPPUZHA-688524.

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OTHER PRESENT:

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GP - SRI, UNNI KAIMAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28813 OF 2020(B)

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JUDGMENT

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Dated this the 8^th day of January 2021

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This writ petition is filed seeking the following reliefs:

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i. To issue appropriate writ order or direction declaring that the service period of the petitioner from 2.6.1986 to 6.6.1993 is liable to be reckoned as qualifying service for pensionary benefits.

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ii. To issue a writ of mandamus or other appropriate writ, order or direction commanding the 4^th respondent to recalculate the pensionary benefits due to petitioner by reckoning the period from 2.6.1986 to 6.6.1993 as qualifying service for the purpose of pensionary benefits and to release the monetary benefits without delay.

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iii. To issue a writ of mandamus or other appropriate writ, order or direction commanding the 4^th respondent to consider and pass orders on Ext.P4 petition submitted by petitioner expeditiously, after hearing the petitioner also.

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

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Seeking counting of the period from 2.6.1986 to 6.6.1993 as qualifying service for the purpose of pensionary benefits, the petitioner has approached the 4^th respondent filing Ext.P4 representation. Since the issue is with regard to counting of service, it is for the 4^th respondent to take an appropriate decision in the matter.

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There will accordingly be a direction to the 4^th respondent to take up, consider and pass orders on Ext.P4

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WP(C).No.28813 OF 2020(B)

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representation preferred by the petitioner after hearing the petitioner as well through any appropriate means including through video conferencing within a period of two months from the date of receipt of a copy of this judgment.

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Sd/-

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ANU SIVARAMAN JUDGE

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sab

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WP(C).No.28813 OF 2020(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DRAFT PENSION BOOK OF PETITIONER. EXHIBIT P2 TRUE COPY OF THE E-PENSION PAYMENT ORDER ISSUED BY ASSISTANT DISTRICT TREASURY OFFICER, DISTRICT TREASURY, ERNAKULAM. EXHIBIT P3 TRUE COPY OF THE VERIFICATION REPORT DATED 28.8.2020 BY SR. ACCOUNTS OFFICER. EXHIBIT P4 TRUE COPY OF THE PETITION DATED 1.12.2020 SUBMITTED BY PETITIONER.

Elizabeth M.M. v. State of Kerala

Case brief

What is this about?

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Elizabeth M.M. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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