Allowed

Dr. M.P. Anitha v. the Manager, Snm Training College

Kerala HC3 Feb 2021WP(C)/984/2021

Case brief

AI extract

What is this about?

The Kerala High Court addressed a writ petition filed by a retired principal seeking pension and retiral benefits. The court directed the respondents to release these benefits within six weeks, citing a Supreme Court judgment that treated the petitioner's suspension period as service.

What did the court decide?

Directions to respondents 1-5 to release pensionary benefits within six weeks.

Dr. M.P. Anitha Vs the Manager, Snm Training… — 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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WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

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WP(C).No.984 OF 2021(W)

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PETITIONER :-

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DR.M.P.ANITHA, RETIRED PRINCIPAL, SNM TRAINING COLLEGE, MOOTHAKUNNAM, ERNAKULAM DT. - 683 516, RESIDING AT AJAY, PERIYAR ENCLAVE, MOOTHAKUNNAM P. O., N. PARAVUR, ERNAKULAM DT. - 683 516.

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BY ADVS. SRI.B.G.HARINDRANATH SRI.SANTHOSH MATHEW

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RESPONDENTS :-

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1 THE MANAGER, SNM TRAINING COLLEGE MOOTHAKUNNAM, ERNAKULAM DT. - 683 516.

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2 THE DEPUTY DIRECTOR COLLEGIATE EDUCATION, MARKETFED BUILDING, GANDHI NAGAR, KADAVANTHARA P. O., ERNAKULAM – 682 020.

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

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4 ACCOUNTANT GENERAL, KERALA THIRUVANANTHAPURAM - 695 001.

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5 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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BY SRI.T.RAJASEKHARAN NAIR, Sr.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.984 OF 2021(W)

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-: 2 :-

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JUDGMENT

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Dated this the 3rd day of February, 2021

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This writ petition is filed seeking directions to the 4^th respondent to sanction the pension and retiral benefits in compliance with the judgment of the Hon'ble Supreme Court dated 8.5.2019 in SLP(C) Nos.8118/2019 and 10665/2019 (Ext.P1).

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Heard the learned counsel for the petitioner, the learned Senior Counsel appearing for the 1^st respondent and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that the petitioner is liable to be paid pension and all retiral benefits taking note of Ext.P1 judgment of the Apex Court. A reading of the judgment would show that the parties had come to a consensus before the Apex Court which was recorded in Ext.P1. The petitioner was permitted to avail leave preparatory to retirement and would be permitted to retire from service on 31.5.2019. It was specifically held in paragraph 7 that no backwages shall be payable to the employee for the period for which she has not worked. However, the period shall count towards continuity of service and in computing retiral benefits. The penalty of removal was substituted with a penalty of stoppage of one increment without cumulative effect. It is, therefore, contended that the proposal sent up treating the period of suspension

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WP(C).No.984 OF 2021(W)

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-: 3 :-

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of the petitioner as service is liable to be taken note of and the pensionary benefits are to be sanctioned and disbursed to the petitioner accordingly.

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The learned Government Pleader submits, on instructions, that the pension papers have been forwarded by the College, which was received by the Deputy Director and has been received by the Director for further steps for sanction and payment. It is submitted that it is only with regard to the qualifying service of the petitioner that there was a doubt and that appropriate steps for sanctioning and disbursing the pensionary benefits will be taken without delay.

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Having heard the learned counsel appearing on either side, I direct the respondents 3 and 4 to take up appropriate steps to release the pensionary benefits due to the petitioner, without undue delay, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. The period of suspension shall also be counted as duty for computing the retiral benefits as has been directed by the Apex Court in Ext.P1.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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Jvt/10.2.2021

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WP(C).No.984 OF 2021(W)

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-: 4 :-

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE JUDGMENT DATED 8.5.2019 OF THE HON'BLE SUPREME COURT IN SLP(C) NOS.8118/2019 AND 10665/2019.
EXHIBIT	P2 TRUE COPY OF THE LETTER DATED 28.02.2020 SENT BY THE PETITIONER TO THE PRINCIPAL, SNM TRAINING COLLEGE, MOOTHAKUNNAM.
EXHIBIT	P3 TRUE COPY OF THE LETTER DATED 10.02.2020 SENT BY THE PRINCIPAL,SNM TRAINING COLLEGE TO THE PETITIONER.
EXHIBIT	P4 TRUE COPY OF THE LETTER DATED 04.01.2020 SENT BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT	P5 TRUE COPY OF THE LETTER DATED 07.01.2020 SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT	P6 TRUE COPY OF THE PENSION BOOK OF THE PETITIONER.

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//TRUE COPY//

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P.A. TO JUDGE

Dr. M.P. Anitha v. the Manager, Snm Training College

Case brief

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Dr. M.P. Anitha v. the Manager, Snm Training College

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