Allowed

Praji.P., v. the State of Kerala

Kerala HC21 Mar 2024WP(C)/13330/2020

Case brief

AI extract

What is this about?

A lower primary school teacher challenged rejection of her statutory pension claim based on a 2011 additional division vacancy. Following an earlier judgment in an identical case, the court quashed the rejecting order and directed approval of her appointment from 15.7.2011 and grant of statutory pension.

What did the court decide?

Ext.P5 quashed; respondents directed to approve petitioner's appointment from 15.7.2011 and grant statutory pension; NPS contributions to be dealt with per petitioner's option.

Praji.P., Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

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W.P.(C) No. 13330/2020

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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 MOHAMMED NIAS C.P.

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THURSDAY, THE 21^ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946 WP(C) NO. 13330 OF 2020

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PETITIONER:

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PRAJI P., W/O.MANU K.S., PUTHUVAYIL HOUSE, PLASSANAL, THALAPPULAM, KOTTAYAM-686579, (LOWER PRIMARY SCHOOL TEACHER, M.M.M.U.M.UPPER PRIMARY SCHOOL, KARAKKAD, NADAKKAL P.O., ERATTUPETTA, KOTTAYAM686121).

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BY ADV. SRI. S.SUBHASH CHAND

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF FINANCE (NPS CELL), GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, ERATTUPETTA-686121.

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4 THE MANAGER, M.M.M.U.M. UPPER PRIMARY SCHOOL, KARAKKAD, NADAKKAL P.O., ERATTUPETTA, KOTTAYAM-686121.

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5 THE TREASURY DIRECTOR, THE TREASURY DIRECTORATE, THIRUVANANTHAPURAM695001.

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W.P.(C) No. 13330/2020

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6 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695014.

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SMT.K.G.SAROJINI, GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 13330/2020

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MOHAMMED NIAS C. P. , J. =========================

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W. P. (C) No. 13330 of 2020

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=========================

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Dated this the 21^st day of March, 2024

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J U D G M E N T

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The petitioner challenges Ext.P-5 order, by which the claim for statutory pension raised by the petitioner was rejected on the ground that the additional division vacancy which arose on 15.7.2011 would become a regular vacancy only after 3 years of the vacancy arising. This was the same reason, in Ext.P-5, for declining the claim of another teacher by the name of Sri. Santhosh M. Jose, who was similarly placed as the writ petitioner. He had challenged the same in WP(C). No.11073/2021 and by judgment dated 10.8.2023, this Court found that the said reason in Ext.P-5 cannot be accepted, and direction was given to the respondents therein to approve the appointment of the said person continuously from 15.7.2011 and also, to grant him the benefit of statutory pension.

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It is not disputed by the learned Government Pleader that the

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case of the petitioner is squarely covered by the judgment in WP(C).

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W.P.(C) No. 13330/2020

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No.11073/2021 dated 10.8.2023. On the parity of reasoning, the petitioner, who is similarly placed, is entitled to the same benefit. Accordingly, Ext.P-5 is quashed. There will be a direction to the respondents to approve the appointment of the petitioner continuously from 15.7.2011 and to grant her the benefit of statutory pension. Appropriate orders in this regard shall be passed within a period of 3 months from the date of receipt of a copy of this judgment. The amounts recovered from the petitioner's salary towards contribution to the National Pension Scheme shall be appropriately dealt with at the option of the petitioner. The option, if any, has to be submitted by the petitioner, and the same shall be considered and appropriate orders shall be passed thereon within 2 months from the date on which the petitioner duly submits such an option before the controlling authority.

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The Writ Petition is allowed as above.

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Sd/-

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MOHAMMED NIAS C. P., JUDGE

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MMG

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W.P.(C) No. 13330/2020

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APPENDIX OF WP(C).NO.13330/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF THE APPROVED APPOINTMENT ORDER BEARING NO.D/2814/13.K.DIS DATED 03.06.2013 ISSUED BY RESPONDENT NO.4 AND APPROVED BY RESPONDENT NO.3.

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EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(P)NO.20/2013/FIN DATED 07.01.2013 ISSUED BY RESPONDENT NO.2.

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EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(P)NO.279/2014/FIN DATED 14.07.2014 ISSUED BY RESPONDENT NO.1.

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EXHIBIT P4 TRUE COPY OF THE ORDER BEARING NO.D/3857/2015/K.DIS DATED 28.02.2018 PASSED BY RESPONDENT NO.3.

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EXHIBIT P5

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TRUE COPY OF THE ORDER BEARING NO.N.P.S.A 2/29/2019/ DEPARTMENT OF FINANCE (N.P.S.CELL) DATED 02.09.2019 ISSUED BY RESPONDENT NO.2.

Praji.P., v. the State of Kerala

Case brief

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Praji.P., v. the State of Kerala

Case brief

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