A retired primary teacher's claim regarding leap-year calculation for pensionary benefits had been allowed by the Administrative Tribunal. The State's Original Petition before the High Court was dismissed as covered against the State by the Apex Court's decision in S.L.P.No.27604 of 2017.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 19TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945
OP(KAT) NO. 132 OF 2018
AGAINST THE ORDER/JUDGMENT OA 1242/2016 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S/RESPONDENTS IN O.A:
1 DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF GENERAL EDUCATION, KOZHIKODE, KERALA-673001.2 DIRECTOR OF EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, 2ND FLOOR, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM, KERALA-695001.3 THE ACCOUNTANT GENERAL (A & E) KERALA THIRUVANANTHAPURAM, KERALA-695039. BY SENIOR GOVERNMENT PLEADER, ADV. VINITHA.BRESPONDENT/S/APPLICANT IN O.A.:
JANARDHANAN E
RETIRED PRIMARY TEACHER, GOVERNMENT HIGHER SECONDARY
SCHOOL, KOKKALLOOR, KOZHIKODE DISTRICT, RESIDING AT
CHEMBAKASSERY HOUSE, ULLIYERI P.O., KOZHIKODE, KERALA-
673620, MOBILE-9496922031.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 19.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP (K AT) NO. 132 OF 20 18
JUDGMENT
Dated this the 19th day of February, 2024
A.MUHAMED MUSTAQUE(J)
The issues in this matter is covered against the State in the original application filed by the applicant/respondent herein, regarding the calculation of leap year for pensionary benefits. The Tribunal found in the favour of respondent.
In view of the fact that, this matter is covered by the judgment of the Apex Court in S.L.P.No.27604 of 2017, the Original Petition stands dismissed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
OP (K AT) NO. 132 OF 20 18
3
APPENDIX OF OP(KAT) 132/2018
PETITIONER EXHI |
BITS |
|---|---|
EXHIBIT P1 |
PHOTOCOPY OF THE O.A.(EKM)NO.1242/16ALONG WITH ANNEXURES. |
Annexure A1 |
A TRUE COPY OF THE PENSION VERIFICATIONREPORT NO.PR.2101164670/P6/3/1513205441DATED 13.11.2013 ISSUED BY THEACCOUNTANT GENERAL, THIRUVANANTHAPURAM. |
Annexure A2 |
A TRUE COPY OF THE STATEMENT ISSUED BYTHE ACCOUNTANT GENERAL,THIRUVANANTHAPURAM DATED 11.11.2013SHOWING PENSION REVISION. |
Annexure A3 |
A TRUE COPY OF THE REPRESENTATIONSUBMITTED BEFORE THE DEPUTY DIRECTOR OFEDUCATION ON 12.11.2015. |
Annexure A4 |
A TRUE COPY OF THE REJECTION ORDERDATED 11.03.2016 ISSUED BY THE 1STRESPONDENT. |
Annexure A5 |
A TRUE COPY OF THE JUDGMENT OF THEHONOURABLE HIGH COURT OF KERALA INMATHAI.M.V VS.THE ACCOUNTANT GENERAL(A&E) DATED 2ND SEPTEMBER 2015 INW.P(C)NO.10405 OF 2009(U). |
Annexure A6 |
A TRUE COPY OF THE REPRESENTATIONSUBMITTED BEFORE THE DEPUTY DIRECTOR OFEDUCATION ON 12.11.2015. |
EXHIBIT P2 |
PHOTOCOPY OF THE ORDER DATED 17-08-2017IN O.A.(EKM)NO.1242/2016. |
1 issue framed by the court
Whether the State could challenge the Tribunal's ruling on calculation of leap year for pensionary benefits when the issue stood covered against it by a Supreme Court decision.
Colour shows how this judgement treated each authority
S.L.P.No.27604 of 2017Relied on
Deputy Director of Education, Kozhikode
Director of Education, Thiruvananthapuram
The Accountant General (A & E), Kerala
Janardhanan E
A. Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court