Dr. Bino Thomas vs State Of Kerala
2021 Latest Caselaw 14721 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. 11679 OF 2021
PETITIONER:

              DR. BINO THOMAS,
              AGED 57 YEARS,
              S/O.DR.THOMAS T.VAVOLICKAL, VAVOLICKAL HOUSE,
              NEAR CMS COLLEGE, KOTTAYAM - 686 001 (RETRED HEAD OF
              DEPARTMENT AND ASSOCIATE PROFESSOR IN COMMERCE,
              BAM COLLEGE, THURITHICAD, PATHANAMTHITTA).

              BY ADV M.S.RADHAKRISHNAN NAIR



RESPONDENTS:

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

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

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

     4        THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
              OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
              VYSAKARA KUNNU, 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. 11679 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. 11679 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) 11679/2021

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 30/7/1979 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 WP(C) NO.26553/2020 AND CONNECTED CASES PASSED BY THIS HONOURABLE COURT.