Dr. Laly Mathew vs State Of Kerala
2021 Latest Caselaw 13492 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
        THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                        WP(C) NO. 9273 OF 2021
PETITIONERS:

    1       DR. LALY MATHEW
            ASSOCIATE PROFESSOR (RTD.), DEPARTMENT OF ENGLISH,
            BHARATA MATA COLLEGE, THRIKKAKARA, ERNAKULAM DISTRICT,
            RESIDING AT KURUMKULAM HOUSE, 137 KKRRA, K.K. ROAD,
            CHEMBUMUKKU, THRIKKAKARA, ERNAKULAM DISTRICT 682 021

    2       PROF. GRACE JACOB
            ASSOCIATE PROFESSOR (RTD.), DEPARTMENT OF ZOOLOGY,
            BHARATA MATA COLLEGE, THRIKKAKARA, ERNAKULAM DISTRICT,
            RESIDING AT CHERUNILAM, SRA-95, PADAMUGAL, THRIKKAKARA,
            ERNAKULAM DISTRICT 682 021

            BY ADV SIJI ANTONY



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
            GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM PIN 695 001.

    2       THE SECRETARY TO GOVERNMENT
            HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM PIN 695 001.

    3       THE DIRECTOR OF COLLEGIATE EDUCATION
            VIKAS BHAVAN, THIRUVANANTHAPURAM PIN 695 001.

    4       THE ACCOUNTANT GENERAL (A & E)
            KERALA, THIRUVANANTHAPURAM PIN 695 001.

    5       THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
            DIRECTORATE OF COLLEGIATE EDUCATION, ERNAKULAM 682 001

    6       MAHATMA GANDHI UNIVERSITY
            PRIYADARSHINI HILLS, ATHIRAMPUZHA (P.O.), KOTTAYAM, PIN
            686 560, REP. BY ITS REGISTRAR.
 WP(C) NO. 9273 OF 2021
                             2



    7    STATE OF KERALA
         REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
         PIN 695 001.




         GP SRI B HARISH KUMAR



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 9273 OF 2021
                                 3


                           JUDGMENT

The matter in controversy is covered by the judgment of

this Court in W.P(C).1033/2020 and connected cases dated

18.3.2021, whereby the benefit of broken service has been

accorded to the petitioners therein.

This writ petition is allowed in terms of the aforementioned

judgment with a further direction to the respondents to accord

the pensionary benefits the petitioners are entitled to, in

accordance with law. Let this exercise be undertaken within a

period of two months from the date of receipt of a copy of this

judgment.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 9273 OF 2021

APPENDIX OF WP(C) 9273/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF NOTIFICATION OF G.O.(P) NO.366/2009/FIN. DATED 28.8.2009 AS PER S.R.O. 755/2009 ISSUED AND PUBLISHED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER G.O.(P) NO.66/2016/FIN DATED 9.5.2016 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER G.O.(P) NO.113/2016/FIN DATED 5.8.2016 OF THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER NO.A-

63/85 DATED 23.7.1985 ISSUED TO THE 1ST PETITIONER BY THE CORPORATE MANAGER, CMC EDUCATIONAL AGENCY.

EXHIBIT P4 (A) TRUE COPY OF THE 1ST PETITIONER'S SERVICE VERIFICATION CERTIFICATE NO.E1/893/2017 DATED 25.5.2017.

EXHIBIT P4 (B) TRUE COPY OF THE APPOINTMENT ORDER DATED 7.8.1989 ISSUED BY MANAGER, BHARAT MATA COLLEGE, THRIKKAKARA TO 1ST PETITIONER.

EXHIBIT P4 (C) TRUE COPY OF THE APPOINTMENT ORDER DATED 21.11.1989 ISSUED BY MANAGER, BHARAT MATA COLLEGE, THRIKKAKARA TO 1ST PETITIONER.

EXHIBIT P4 (D) TRUE COPY OF THE APPOINTMENT ORDER DATED 2.1.1990 ISSUED BY MANAGER, BHARAT MATA COLLEGE, THRIKKAKARA TO 1ST PETITIONER.

EXHIBIT P4 (E) TRUE COPY OF THE COMMON ORDER NO.220/BIV.2/ACAD/88 DATED 17.8.1990 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P4 (F) TRUE COPY OF THE APPOINTMENT ORDER DATED WP(C) NO. 9273 OF 2021

5.7.1994 BY MANAGER, BHARAT MATHA COLLEGE, THRIKKAKARA.

EXHIBIT P4 (G) TRUE COPY OF THE APPOINTMENT ORDER DATED 1.1.1995 BY MANAGER, BHARAT MATA COLLEGE, THRIKKAKARA.

EXHIBIT P4 (H) TRUE COPY OF THE CERTIFICATE DATED 21.6.2001 ISSUED BY THE MANAGER, BHARAT MATA COLLEGE, THRIKKAKARA.

EXHIBIT P4 (I) TRUE COPY OF THE PENSION PROPOSAL OF THE 1ST PETITIONER DATED 31.10.2017

EXHIBIT P4 (J) TRUE COPY OF THE VERIFICATION REPORT PR NO.2101819098 DATED 20.8.2018 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P5 TRUE COPY OF THE 2ND PETITIONER'S SERVICE VERIFICATION CERTIFICATE NO.E1/4013/2016 DATED. 1.7.2016

EXHIBIT P5 (A) TRUE COPY OF THE APPOINTMENT ORDER DATED 15.1.1990 ISSUED TO THE 2ND PETITIONER BY THE MANAGER, BHARAT MATA COLLEGE, THRIKKAKARA.

EXHIBIT P5 (B) TRUE COPY OF THE VERIFICATION REPORT PR NO.2101786709/P-4 DATED 13.9.2017 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER

EXHIBIT P5 (C) TRUE COPY OF THE LETTER NO.PR-

2100786709/P-4 DATED 13.9.2017 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P6 TRUE COPY OF G.O.(P) NO.670/79/FIN DATED 30.7.1979

EXHIBIT P7 TRUE COPY OF G.O.(MS) NO.191/77/FIN DATED 5.12.1977 WP(C) NO. 9273 OF 2021

EXHIBIT P8 TRUE COPY OF G.O.(P) NO.2357/99/FIN DATED 28.10.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE G.O.(MS) NO.401/2019/FIN DATED 28.10.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.1033/2020 DATED 18.3.2021 (SUMAYAMMA GEORGE VS. STATE OF KERALA AND CONNECTED CASES) OF THIS HON'BLE COURT.

EXHIBIT P11 TRUE COPY OF THE G.O.(P) NO.128/2018/FIN. DATED 10.8.2018 AS PER S.R.O. 572/2018 ISSUED AND PUBLISHED BY THE 1ST RESPONDENT.