Philip Augustine vs State Of Kerala
2021 Latest Caselaw 14635 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. 10277 OF 2021
PETITIONER:

          PHILIP AUGUSTINE
          AGED 56 YEARS
          S/O. AUGUSTHY P.P, PARATHINAL HOUSE, RAJEEV NAGAR,
          MUVATTUPUZHA-686 661,(RETIRED ASSOCIATE PROFESSOR IN
          CHEMISTRY, NIRMALA COLLEGE, MUVATTUPUZHA).

          BY ADV M.S.RADHAKRISHNAN NAIR



RESPONDENTS:

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

    2     THE PRINCIPAL SECRETARY TO GOVERNMENT
          HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695 001

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

    4     THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
          EDUCATION, ERNAKULAM, HOSPITAL ROAD, KOCHI-682 011

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



          GP SRI B HARISH KUMAR




     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. 10277 OF 2021
                                 2


                           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 nak WP(C) NO. 10277 OF 2021

APPENDIX OF WP(C) 10277/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION G.O(P) NO.

366/2009/FIN. DATED 28.8.2009 ISSUED BY 1ST 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 30.07.1979 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 W.P.C NO. 26553/2020 AND CONNECTED CASES PASSED BY THIS HON'BLE COURT.