Dr. Tutu M. John vs State Of Kerala
2021 Latest Caselaw 14627 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
         WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                         WP(C) NO. 10519 OF 2021
PETITIONER:

              DR. TUTU M. JOHN,
              AGED 58 YEARS,
              W/O. DR. OOMMEN ZACHARIAH, MAMOOTIL HOUSE, FLAT NO.302,
              B.TECH, LIVINSHIRE APARTMENTS, THIRUVALLA-689 101.
              (RETIRED ASSOCIATE) PROFESSOR IN MATHEMATICS, MARTHOMA
              COLLEGE, THIRUVALLA).

              BY ADV M.S.RADHAKRISHNAN NAIR



RESPONDENTS:

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

     2        THE PRINCIPAL SECRETARY TO GOVERNMENT
              HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM-695001.

     3        THE DIRECTOR OF COLLEGIATE EDUCATION,
              VIKAS BHAVAN, THIRUVANANTHAPURAM-695001.

     4        THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
              KOTTAYAM, VYSAKARAKUNNU, KOTTAYAM-686 001.

     5        STATE OF KERALA
              REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM-695 001.


OTHER PRESENT:

              GP SRI B HARISH KUMAR
 WP(C) NO. 10519 OF 2021        -2-




     THIS   WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION   ON   14.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 10519 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

petitioner is 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 vv

APPENDIX OF WP(C) 10519/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION G.O.(P) NO.366/2009/FIN. DATED 28.8.2009 ISSUED BY IST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE G.O.(P) NO.66/16/FIN.

DATED 9.5.2016 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT.

EXHIBIT P3 TRUE COPY OF THE G.O.(P) NO.113/16/FIN DATED 5.8.2016 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT.

EXHIBIT P4 TRUE COPY OF THE G.O.(P) NO.670/79/FIN.

DATED 30.7.1979 ISSUED BY THE FINANCE (PENSION B) DEPARTMENT.

EXHIBIT P5 TRUE COPY OF THE G.O.(MS) NO.191/77/H-

EDN. DATED 5.12.1977 ISSUED BY THE HIGHER EDUCATION (F) DEPARTMENT.

EXHIBIT P6 TRUE COPY OF THE G.O.(P) NO.2357/99/FIN. DATED 25.11.1999 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT.

EXHIBIT P7 TRUE COPY OF COMMON JUDGMENT DATED 18.3.2021 IN WPC NO.26553/2020 AND CONNECTED CASES PASSED BY THIS HONOURABLE COURT.