Kerala High Court
V.Vijayakumar vs Deputy Director Of Collegiate ... on 14 July, 2021
WP(C) NO. 6655 OF 2012 -1-
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. 6655 OF 2012
PETITIONERS:
V.VIJAYAKUMAR,
AGED 59 YEARS,
LECTURER, SELECTION GRADE (RETD) DEPARTMENT OF
ENGLISH, DEVASWOM BOARD COLLEGE,
SASTHAMCOTTARESIDING AT VISHNU MAYA,
T.C.50/519(1), MARUTHERKADAVU, KALADY,
KARAMANA P.O., THIRUVANANTHAPURAM.
BY ADVS.
SRI.S.MUHAMMED HANEEFF
SRI.R.KRISHNAKUMAR CHERTHALA
RESPONDENTS:
1 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOLLAM - 691 001.
2 DIRECTOR OF COLLEGIATE EDUCATION,
THIRUVANANTHAPURAM - 695 001
3 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001
4 PRINCIPAL SECRETARY,
FINANCE (PENSION B) DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
WP(C) NO. 6655 OF 2012 -2-
5 ACCOUNTANT GENERAL,
THIRUVANANTHAPURAM - 695 039.
BY ADV SRI.B.HARISH KUMAR, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2021, THE COURT ON 14.07.2021 DELIVERED
THE FOLLOWING:
WP(C) NO. 6655 OF 2012 -3-
JUDGMENT
The controversy involved in the present writ petition
is whether the petitioner's service as Auditor in the
Accountant General Office from 24.08.1978 to 14.03.1980,
i.e., one year six months 22 days of service, be considered
in fixing the petitioner's pension and other benefits or not.
2. Petitioner had, after rendering the service in the
Accountant General Office, worked as Lecturer (Selection
Grade) in the Devaswom Board College, Sasthamcotta and
retired from service on 31.03.2009. Controversy with
regard to the prior service put in by aided college teacher
in Central Government service will be counted as
qualifying service for the purpose of pension i.e., Service
Rules (Kerala) Part III R.11 Note 2 as per the Full Bench
judgment of this Court in State of Kerala Vs. Haridasan
(2015 (2) KLT 145). The aforementioned decision was
rendered in Review Petition No.1012/2017 filed in the
Judgment in W.A.No.645/2010. Said Review Petition was
dismissed on 27.02.2019 holding the previous view.
In such circumstances, I am of the view that the
controversy in the present case is covered. Writ petition is
allowed. Respondents are directed to consider the service
rendered by the petitioner in the Accountant General
Office from 24.08.1978 to 14.03.1980 along with the aided
college service in fixing the pension and other pensionary
benefits and disburse the same without any delay. The
aforementioned pension be re-fixed and released within a
period of two months from the date of receipt of a certified
copy of the judgment and in case thereafter, it shall incur
interest. If it is not fixed as aforedirected, this Court will
consider it fit and appropriate to fix the responsibility on
the officer who is not disbursing the revised pension. Writ
petition allowed in the aforementioned terms.
Sd/-
AMIT RAWAL
JUDGE
VV
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE
SERVICE PARTICULARS OF THE PETITIONER IN
THE ACCOUNTANT GENERAL'S OFFICE.
EXHIBIT P2 TRUE COPY OF THE RELEVANT KERALA GAZETTE
NOTIFICATION NOTIFYING CHANGE OF
PETITIONER'S NAME DATED 14.04.1987
EXHIBIT P3 TRUE COPY OF THE PENSION SANCTION ORDER
ISSUED BY THE 5TH RESPONDENT TO THE
PETITIONER DATED 3.6.2009
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 16.12.2011
EXHIBIT P5 TRUE COPY OF THE G.O.[P]NO.703/2002/FIN
DATED 12.11.2002
EXHIBIT P6 TRUE COPY OF THE G.O.[P]NO.651/2003/FIN
DATED 6.12.2003
EXHIBIT P7 TRUE COPY OF THE NOTIFICATION NO.3878-
F1/72/LAW DATED 27-7-1974
EXHIBIT P8 TRUE COPY OF THE NOTIFICATION
NO.33357/B2/75/H.EDN.DATED 30-3-1976
