Disposed

Dr. B .Gopakumar v. State of Kerala

Kerala HC12 Jan 2021WP(C)/771/2021

Case brief

AI extract

What is this about?

A retired associate professor filed a writ petition seeking reckoning of prior service at Aligarh Muslim University for pension benefits and directing the State to consider his representation after an opportunity of hearing. The Court directed the 1st respondent to consider the representation within three months.

What did the court decide?

Directed the 1st respondent to consider the petitioner's representation and pass orders within three months after affording an opportunity of hearing.

Dr. B .Gopakumar 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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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.771 OF 2021

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PETITIONER:

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DR. B .GOPAKUMAR AGED 56 YEARS

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S/O.N.BALAKRISHNA PILLAI, ASSOCIATE PROFESSOR (RETD), N.S.S.COLLEGE, PANDALAM, 'SOPANAM', EVOOR NORTH P.O., CHEPPADU, ALAPPUZHA-690 507.

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BY ADV. SRI.S.MUHAMMED HANEEFF

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RESPONDENTS:

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

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2 DIRECTOR OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.

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3 DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION, VAYASKARAKUNNU, NEAR FIRE STATION, KOTTAYAM-686 001.

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4 ACCOUNTANT GENERAL (A AND E), OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A AND E), AUDIT BHAVAN, M.G.ROAD, THIRUVANANTHAPURAM-695 001.

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OTHER PRESENT:

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SR.GP - NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.771 OF 2021

JUDGMENT

This writ petition is filed seeking the following prayers:-

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“i) Call for the records leading up to Ext.P4 and quash the same to the extent it denies reckoning of the period of service of the petitioner from 01.10.1990 to 04.02.1997 at Aligarh Muslim University by issuing a writ of certiorari or other appropriate writ order or direction.

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ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1^st respondent to consider and pass orders on Ext.P5 representation after affording an opportunity of hearing to the petitioner, within a time frame fixed by this Hon'ble Court.

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iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to refix the pension and other terminal benefits of the petitioner reckoning his service as Lecturer in Department of Modern Indian Languages, Aligarh Muslim University, Aligarh for the period from 01.10.1990 to 04.02.1997 along with his aided college service and sanction and disburse the same expeditiously within the time limit fixed by this Hon'ble Court.

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

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It is submitted that seeking the counting of prior service in a Central University along with the service in an

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WP(C).No.771 OF 2021 3

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aided college, the petitioner has preferred Ext.P5 representation before the 1^st respondent.

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There will, accordingly, be a direction to the 1^st respondent to take up, consider and pass orders on Ext.P5 representation preferred by the petitioner with notice to the petitioner and after hearing him through any appropriate means including video conferencing. Orders shall be passed within a period of three months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

Bng/12.01.2021

WP(C).No.771 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE BEARING D.NO.1391/MIL DATED 10.12.2020 ISSUED BY THE CHAIRPERSON, MODERN INDIAN LANGUAGES, ALIGARH MUSLIM UNIVERSITY, ALIGARH. EXHIBIT P2 A TRUE COPY OF THE OFFICE MEMO DATED 17.03.1997 ISSUED BY THE REGISTRAR, ALIGARH MUNSLIM UNIVERSITY. EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS OF THE VICE CHANCELLOR, UNIVERSITY OF KERALA ON THE HEARING CONDUCTED ON 20.01.2007. EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION BEARING NO.D1/12293/19 DATED 11.05.2020 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 15.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Dr. B .Gopakumar v. State of Kerala

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Dr. B .Gopakumar v. State of Kerala

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