IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 23792 OF 2022
PETITIONERS:
1 T.M.PHILIP
AGED 90 YEARS
S/O T.P. MATHEW, PROFESSOR [RETD.], ST. THOMAS
COLLEGE, KOZHENCHERRY, RESIDING AT 'THAIKKOOTTATHIL
HOUSE', BAKER HILL, KOTTAYAM- 686001.
2 GEORGE M. CHERIYAN
AGED 84 YEARS
S/O M.M. CHERIAN, PROFESSOR [RETD.], BISHOP MOORE
COLLEGE, MAVELIKARA, RESIDING AT 'MANGALATHU', EAST
OF MAVELIKARA RAILWAY STATION, MAVELIKARA - 690101
3 P. M. MAMMEN
AGED 80 YEARS
S/O P.J. MATHEW, PROFESSOR [RETD.], CHRISTIAN
COLLEGE, CHENGANNUR, RESIDING AT 'PULINTHITTA
SOUMYA', ELAVUMTHITTA P.O., PATHANAMTHITTA DIST. -
689625
4 O.A. NINAN
AGED 82 YEARS
S/O ABRAHAM ABRAHAM, PROFESSOR [RETD.], MAR THOMA
COLLEGE, THIRUVALLA RESIDING AT 'OORRIEL',
PURAMATTOM P.O., PATHANAMTHITTA-689543.
5 K. C. KURIAN
AGED 83 YEARS
S/O CHACKO CHACKO, PROFESSOR [RETD.], CATHOLICATE
COLLEGE, PATHANAMTHITTA,RESIDING AT 'KUTTENCHIRA
(H)', KURICHY P.O.,KOTTAYAM - 686532.
6 SARAMMA MATHEW
AGED 80 YEARS
D/O N.D. MATHAI, PROFESSOR [RETD.], ASSUMPTION
COLLEGE, CHANGANACHERRY, RESIDING AT 'NELLIMALA
2
W.P.(C) No. 23792 of 2022.
(H)', KUMBANAD, PATHANAMTHITTA-689547.
7 ALEYAMMA THOMAS
AGED 80 YEARS
S/O N.M. THOMAS, PROFESSOR [RETD.], ST. THOMAS
COLLEGE, KOZHENCHERRY, RESIDING AT
'KANNAMPLALIL', MARAMON P.O., NEDUMPRAYAR -
689549.
8 K. M. VARUGHESE,
AGED 86 YEARS
S/O K.E. MATHEW, PROFESSOR [RETD.], ST. THOMAS
COLLEGE, KOZHENCHERRY, RESIDING AT
'KELAMPAKALATHIL LIVAS BHAVAN', MELUKARA,
KOZHENCHERRY P.O. - 689641.
9 P. G. VARUGHESE,
AGED 84 YEARS
S/O GEEVARGHESE, PROFESSOR [RETD.], ST. THOMAS
COLLEGE, KOZHENCHERRY, RESIDING AT 'NELLIMALA
HOUSE', KUMABANAD P.O. -689547.
10 K. ABRAHAM
AGED 82 YEARS
S/O K.I. KOSHY, PROFESSOR [RETD.], ST. THOMAS
COLLEGE, KOZHENCHERRY, RESIDING AT 'KULANGARA
HOUSE', AYROOR NORTH P.O. - 689612.
11 M. T. KOSHY
AGED 83 YEARS
S/O POTHA THOMAS, PROFESSOR [RETD.], ST.
THOMAS COLLEGE, KOZHENCHERRY, RESIDING AT
3
W.P.(C) No. 23792 of 2022.
'PARAYIDAYIL', NELLIKKARA P.O., ELANTHOOR-
689643.
12 DR. M. T. SIMON
AGED 82 YEARS
S/O V.S. THOMAS, PROFESSOR [RETD.], ST. THOMAS
COLLEGE, KOZHENCHERRY, RESIDING AT 'AYYAKKAVIL
HOUSE', KOZHENCHERRY, PATHANAMTHITTA-689641.
13 BABU ZACHARIAH
AGED 84 YEARS
S/O P.V. VARKEY, PROFESSOR [RETD.], MAR THOMA
COLLEGE, THIRUVALLA, RESIDING AT 'PARACKAL', C
GARDEN, THUNDATHIL P.O., KARYAVATTOM (VIA),
TRIVANDRUM - 695581.
14 GOPALAKRISHNA PILLAI T. K.
AGED 82 YEARS
S/O G. KESAVA PILLAI, PROFESSOR [RETD.], MAR
THOMA COLLEGE, THIRUVALLA, RESIDING AT
'SREEVILAS', PREYAR, PANDANAD NORTH P.O.,
KALLISSERY, ALAPPUZHA - 689124.
15 DR. P. P. MATHEWS
AGED 81 YEARS
S/O P.C. POULOSE, PROFESSOR [RETD.],
CATHOLICATE COLLEGE, PATHANAMTHITTA, RESIDING
AT 'PUTHUSSERIL (H)', MULANTHURUTHY - 682314 .
16 MAMMEN V. ZACHARIAH
AGED 80 YEARS
S/O V.M. ZACHARIAH, PROFESSOR [RETD.], ST.
4
W.P.(C) No. 23792 of 2022.
THOMAS COLLEGE, KOZHENCHERRY, RESIDING AT
'VADAKKEDATHU HOUSE', PULLAD P.
O.PATHANAMTHITTA-689548.
17 P. C. CHERIYAN
AGED 83 YEARS
S/O P.C. CHERIYAN, PROFESSOR [RETD.], ST.
THOMAS COLLEGE, KOZHENCHERRY, RESIDING AT
'PLAKEEZHU PUTHEN PARAMPIL', ERAVIPEROOR P.O,
PATHANAMTHITTA-689542 .
18 N. SAMUEL THOMAS
AGED 80 YEARS
S/O N.C. SAMUEL, PRINCIPAL [RETD.], ST. THOMAS
COLLEGE, KOZHENCHERRY, RESIDING AT 'ENNESTY',
NEELAMPILALIL, KOZHENCHERY, PATHANAMTHITTA-
689641.
19 C. JOHN THOMAS
AGED 83 YEARS
S/O C.M. THOMAS, LECTURER SELECTION GRADE
[RETD.], ST. THOMAS COLLEGE, KOZHENCHERRY,
RESIDING AT 'KOLETH VILLA', KOZHENCHERRY,
PATHANAMTHITTA-689641 .
20 SUNNY THOMAS,
AGED 83 YEARS
S/O P.J. THOMAS, PROFESSOR [RETD.], ST. THOMAS
COLLEGE, KOZHENCHERRY, RESIDING AT
'THEKETHIL', KURIANNOOR, PATHANAMTHITTA-
689550.
5
W.P.(C) No. 23792 of 2022.
21 T. S. TITUS
AGED 84 YEARS
S/O T.M. SAMUEL, PROFESSOR [RETD.], ST. THOMAS
COLLEGE, KOZHENCHERRY, RESIDING AT
'THUNDUPARAMPIL', CHURULIKODE P.O.,
PATHANAMTHITTA-689668.
22 JOHN MATHAI K.
AGED 81 YEARS
S/O K.J. MATHAI, PROFESSOR [RETD.], MAR THOMA
COLLEGE, THIRUVALLA RESIDING AT
'KURICHIATHAKERIL', MELPADOM P.O., MANNAR,
ALAPPUZHA - 689627.
23 T. O. GEORGE
AGED 83 YEARS
S/O P. OONNOONY, PROFESSOR [RETD.], ST. THOMAS
COLLEGE, KOZHENCHERRY, RESIDING AT
'VADAKADATHU', CHANDANAPALLY P.O,
PATHANAMTHITTA-689648.
24 REV. ITTY MATHEW
AGED 80 YEARS
S/O REV. I. MATHEW, PROFESSOR [RETD.], BISHOP
MOORE COLLEGE, MAVELIKARA, RESIDING AT
'MUTHUTHOTTATIL', KALLUMALA P.O., MAVELIKARA,
ALAPPUZHA - 690110.
25 DR. SHYAMALA K. PANIKKAR
AGED 81 YEARS
D/O V.K. NEELAKANDAN PILLAI, PROFESSOR
[RETD.], BISHOP MOORE COLLEGE, MAVELIKARA,
6
W.P.(C) No. 23792 of 2022.
RESIDING AT 10B, SANTHY RESIDENCY, ALAPPAT
CROSS ROAD, RAVIPURAM, COCHIN - 682016.
26 DR. C. JOYCE MATHEWS
AGED 87 YEARS
S/O KURIEN MATHAI, PRINCIPAL [RETD], U.C
COLLEGE, ALUVA, RESIDING AT PRIMROSE VILLA,
U.C COLLEGE P.O, ALUVA, ERNAKULAM - 683102.
BY ADVS.
S.MUHAMMED HANEEFF
M.H.ASIF ALI
SWETHAMBILY C.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ADDL. CHIEF SECRETARY TO THE
GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 SECRETARY TO THE GOVERNMENT
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
3 DIRECTOR OF COLLEGIATE EDUCATION
DIRECTORATE OF COLLEGIATE EDUCATION, 6TH
FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P. O.,
THIRUVANANTHAPURAM - 695 033.
4 ACCOUNTANT GENERAL (A&E)
OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL
7
W.P.(C) No. 23792 of 2022.
(A&E) THIRUVANANTHAPURAM - 695001.
5 TREASURY DIRECTOR
TREASURY DIRECTORATE, KRISHNA BUILDING,
THYCAUD P.O., THIRUVANANTHAPURAM - 695014.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
8
W.P.(C) No. 23792 of 2022.
JUDGMENT
Dated this the 10th day of August, 2022. The petitioners say that they retired, on attaining the age of superannuation, from various Aided Colleges in Kerala, as Principals/Professors. They assert that they are entitled to receive pension and other retirement benefits from the Government, which they have already been sanctioned with; but that when the Government issued order bearing No.G.O.(P)30/2021/Fin dt. 12/02/2021 - a copy of which is on record as Ext.P1 - they were excluded from certain eligible additional benefits and that when Ext.P2 order was, thereafter, issued on 23/02/2021, "Special Care Allowance" of Rs.1,000/- per month, as also reimbursement of medical 9 W.P.(C) No. 23792 of 2022.
expenses, additional nutritional expenditure and other allied expenses, as applicable to the teachers in Government service, have been denied to them all together. They say that this is egregiously improper and that their agony is compound by the fact that, when Ext.P4 Circular was issued, they have been kept away from its ambit.
2. The petitioners, therefore, pray that Ext.P4 be set aside and that the Government be directed to include them for all the benefits as are applicable to Government Service under Exts.P1 and P2.
3. Sri.S.Muhammed Haneef - learned counsel for the petitioners, submitted that there is no reason why his clients have been excluded from the purview of Exts.P1 and P2 because it has been affirmatively settled by a 10 W.P.(C) No. 23792 of 2022.
learned Full Bench of this Court, in State of Kerala V. Haridasan [2015 (2) KLT 145], that all the benefits applicable to the teachers in the Government service must be made available to those in the Aided Sector also. He argued that the afore precedent renders it ineluctable that all benefits have to be offered mutatis mutandis to both the sections; and therefore that, Ext.P4
- to the extent to which it excludes teachers in the Aided Sector, is illegal and unlawful.
4. Smt.M.R.Sreelatha - learned Special Government Pleader appearing for the Department of Finance, argued that the afore assertions of the petitioners are untenable because the Exts.P1 and P2 have no bearing at all to the retired teachers of the Aided Colleges and that it applies only to the superannuated 11 W.P.(C) No. 23792 of 2022.
Government teachers. She added that, as far as the Aided sector is concerned, there are other Government orders holding the field and that they are also given certain other benefits and emoluments as per their entitlement. She predicated that, therefore, the arguments of the petitioners that Ext.P4 should apply to them also, is without any legs to stand on .
5. When I consider the afore submissions, it is indubitable that, on one hand, the petitioners say that all the Government Orders applicable to the teachers in the Government service should apply to those in the Aided Sector also; while, the Government takes the stand to the contrary and explain that the two categories that are governed by distinct and different sets of Government Orders.
12W.P.(C) No. 23792 of 2022.
6. However, while acting under Article 226 of the Constitution of India, it will not be possible for this Court to conclusively speak on the rival contentions of the parties at the first instance; and am certain that Government must engage its mind on the claims of the petitioners appropriately, taking note of all relevant and germane inputs.
For the afore reasons, I order this writ petition to the limited extent of granting liberty to the petitioners to move an appropriate representation before the Competent Authority of the Government, detailing all their claims; and if this is done within a period of one month from the date of receipt of a copy of this judgment, it shall be considered by the said Authority, after affording them an opportunity of being heard and 13 W.P.(C) No. 23792 of 2022.
adverting to all documents and precedents that they may produce before it during such process; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
Needless to say, I have not entered into the merits of the rival contentions of the parties and that they are all left open to be decided appropriately by the Government, when the afore exercise is completed.
Sd/-
DEVAN RAMACHANDRAN JUDGE ANB & Raj.
10.08.2022.
14W.P.(C) No. 23792 of 2022.
APPENDIX OF WP(C) 23792/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF G.O.(P) 30/2021/FIN.
DT. 12/02/2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P2 A TRUE COPY OF GO(P) 35/2021/FIN. DT.
23/02/2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P3 A TRUE COPY OF THE COMMUNICATION ISSUED BY 5TH RESPONDENT TO SRI.P.C.CHERIYAN DT. 27/01/2022.
Exhibit P4 A TRUE COPY OF THE CIRCULAR NO.46/21/FIN. DT. 16/06/2021 ISSUED BY THE 1ST RESPONDENT.