Thankachan M.Y vs The State Of Kerala
2021 Latest Caselaw 24052 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 28TH DAY OF DECEMBER 2021 / 7TH POUSHA, 1943
                   WP(C) NO. 30777 OF 2021
PETITIONER:

           THANKACHAN M.Y
           AGED 58 YEARS
           SON OF YOHANNAN, OFFICE ATTENDANT (RETIRED),
           ST. JOSEPH'S UPPER PRIMARY SCHOOL, PANDIPPARA,
           IDUKKI DISTRICT-685 609 (RESIDING AT MOOKKULATH
           VEEDU P.O., VELLAYAMKUDY, KATTAPPANA, IDUKKI
           DISTRICT-685 615.
           BY ADVS.
           V.A.MUHAMMED
           M.SAJJAD


RESPONDENTS:

    1      THE STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT, SECRETARIAT
           ANNEXE II, THIRUVANANTHAPURAM-695 001.
    2      THE DIRECTOR OF GENERAL EDUCATION
           JAGATHY, THIRUVANANTHAPURAM-695 014.
    3      THE DEPUTY DIRECTOR OF EDUCATION
           IDUKKI AT THODUPUZHA-685 584.
    4      THE DISTRICT EDUCATIONAL OFFICER
           KATTAPPANA, IDUKKI DISTRICT-685 508.
    5      THE ASSISTANT EDUCATIONAL OFFICER
           KATTAPPANA, IDUKKI DISTRICT-685 508.
    6      THE CORPORATE MANAGER
           CORPORATE EDUCATIONAL AGENCY, DIOCESE OF IDUKKI
           KARIBAN, IDUKKI DISTRICT-685 602.
OTHER PRESENT:

           GP-SMT.PARVATHY K.
 WP(C) NO. 30777 OF 2021
                                ..2..
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      THIS   WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   28.12.2021,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 30777 OF 2021
                              ..3..
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                          JUDGMENT

The petitioner retired from service, while working as

Office Attendant in St. Joseph's Upper Primary School,

Pandippara, on 30.04.2020. The pensionary benefits of

the petitioner were withheld on the ground that broken

periods of service were counted for the purpose of

pensionary benefits. Later, the 5th respondent issued Ext.

P5 refixing the pay of the petitioner, without reckoning

the broken services. According to the petitioner, his

broken service is also to be counted for the purpose of

pensionary benefits. The petitioner has preferred Ext.P6

appeal before the Government on 24.06.2020. However,

the 1st respondent has not responded to Ext.P6 so far.

The petitioner, therefore, preferred Ext.P7 revision before

the Government requesting for counting the broken

service also for the purpose of pensionary benefits and to

disburse the pensionary benefits, without making any

deduction as done in Ext.P5. The grievance of the WP(C) NO. 30777 OF 2021 ..4..

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petitioner is that, the Government have not considered

Exts.P6 and P7 till date. The petitioner also submits that

the pensionary benefits are not disbursed to him, even

though he retired from service on 30.04.2020. The

limited prayer of the petitioner in this writ petition, at

this stage, is for the consideration of Exts.P6 and P7, in

the light of Ext.P9 Government Order passed in similar

circumstances.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader for respondents 1 to

5. In the nature of the relief I propose to pass, notice to

the 6th respondent is dispensed with.

3. In the facts and circumstances of the case,

there will be a direction to the first respondent to

consider and pass orders on Exts.P6 and P7, after

affording an opportunity of being heard to the petitioner,

within a period of two months from the date of receipt of

a copy of this judgment. While considering Exts. P6 and

P7, the Government may also take into consideration WP(C) NO. 30777 OF 2021 ..5..

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Ext.P9. I make it clear that, I have not expressed any

opinion on the merits of the issues raised in Exts.P6 and

P7.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN , JUDGE

kkj WP(C) NO. 30777 OF 2021 ..6..

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APPENDIX OF WP(C) 30777/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER. Exhibit P2 TRUE COPY OF THE RELEVANT PAGED OF THE SERVICE BOOK OF THE PETITIONER. Exhibit P3 TRUE COPY OF THE ORDER NO.7/20/C-14 DATED 3.2.2020 OF THE CORPORATE MANAGER.

Exhibit P4 TRUE COPY OF THE AUDIT OBJECTION VIDE NO.C/314186/2019/DDE DATED 23.11.2019 OF THE DDE, IDUKKI ALONG WITH TYPED COPY.

Exhibit P5 TRUE COPY OF THE ORDER NO.C/210/2020/K.DIS. DATED 24.2.2020 OF THE AEO, KATTAPPANA.

Exhibit P6 TRUE COPY OF THE APPEAL FILED BEFORE THE GOVERNMENT.

Exhibit P7 TRUE COPY OF THE REVISION FILED BEFORE THE GOVERNMENT.

Exhibit P8 TRUE COPY OF THE G.O.(MS.) NO.401/2019/FIN. DATED 28.10.2019 OF THE GOVERNMENT.

Exhibit P9 TRUE COY OF THE G.O.(RT.) NO.2831/2020/G.EDN. DATED 21.10.2020 OF THE GOVT.