A.J.Sebastian vs State Of Kerala
2021 Latest Caselaw 16510 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                         WP(C) NO. 15680 OF 2021
PETITIONER:

              A.J.SEBASTIAN,
              AGED 60 YEARS
              S/O. JOSEPH A.M., RETIRED PRINCIPAL, ST, SEBASTIANS
              HIGHER SECONDARY SCHOOL, KOODARANJI, KOZHIKODE DISTRICT
              RESIDING AT ANTHEENATTU HOUSE, EAST,DEVAGIRI, MEDICAL
              COLLEGE P.O. KOZHIKODE 673 008.

              BY ADVS.
              K.T.SHYAMKUMAR
              HARISH R. MENON
              A.G.PRASANTH
              K.N.ABHA


RESPONDENTS:
     1     STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
           EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM 695 001.

     2        THE DIRECTOR GENERAL EDUCATION,
              JAGATHY, THIRUVANANTHAPURAM 695 014.

     3        REGIONAL DEPUTY DIRECTOR OF
              HIGHER SECONDARY EDUCATION, KOZHIKODE 673 003.

     4        THE ACCOUNTANT GENERAL ,
              (A&E),KERALA, THIRUVANANTHAPURAM.


OTHER PRESENT:
           SMT. PARVATHY KOTTOL-G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15680 OF 2021
                                      2

                               JUDGMENT

This writ petition is filed seeking the following reliefs:-

"(i) issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 1 st Respondent to consider and pass orders on Exhibit P4 Revision Petition as expeditiously as possible at any rate within a limit to be prescribed by this Honourable Court.

(ii) Declare that the Petitioner is entitled to count the additional days on account of leap years which occurred during the period of his service for the purpose of determining the qualifying service for pensionary benefits in view of Exhibit P1 Government order."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that the petitioner had retired from service on

31.03.2017. He was entitled to reckon 26 years of service as

qualifying service for pension instead of the 25 years, which

has been reckoned in his case. It submitted that, by Ext.P1

Government Order, the benefit of counting of the leap years WP(C) NO. 15680 OF 2021

for fixing the qualifying service had been allowed. However,

in the case of pensioners, it is stated that the applications for

revision should be made within three months from the date of

the order and that the applications received thereafter, would

not be considered. It is submitted that the petitioner came to

know of the order only much later and that he has submitted

an application, which stands rejected. The petitioner has

approached the 1st respondent with Ext.P4 representation

seeking condonation of delay in the application preferred by

him for re-fixation of pension.

4. Having heard the learned Government Pleader also,

I am of the opinion that it is for the 1 st respondent to take an

appropriate decision on Ext.P4 representation.

5. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P4

representation preferred by the petitioner with notice to the

petitioner and after hearing him through any appropriate

means including video conferencing within a period of three WP(C) NO. 15680 OF 2021

months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/05.08.2021 WP(C) NO. 15680 OF 2021

APPENDIX OF WP(C) 15680/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE GO(MS) NO. 102/2019/FIN DATED 14.8.2019.

Exhibit P2 TRUE COPY OF THE REQUEST SUBMITTED FOR REVISION OF PENSION DATED 30.10.2020 FILED BEFORE THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER DATED 19.2.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE REVISION PETITION DATED 12.4.2021 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.