Kerala High Court
Philomina T.V vs State Of Kerala on 28 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
WP(C) NO. 9243 OF 2021
PETITIONER:
PHILOMINA T.V
AGED 64 YEARS
W/O JOHNY GEORGE,
ASSOCIATE PROFESSOR (RETIRED), DEPARTMENT OF BOTANY,
NIRMALA COLLEGE,
MOOVATTUPUZHA,
ERNAKULAM,
RESIDING AT KURIAS HOUSE,
ANICADU, AVOLY P.O,
MOOVATTUPUZHA,
ERNAKULAM-686670.
BY ADV B.MOHANLAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF COLLEGIATE EDUCATION
VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
NEAR MAHARAJAS COLLEGE, ERNAKULAM-682011.
4 THE ACCOUNTANT GENERAL (A AND E),
KERALA, THIRUVANANTHAPURAM-695039.
5 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT OF KERALA SECRETARIAT,
THIRUVANANTHAPURAM-695001.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9243 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. 9243 OF 2021
APPENDIX OF WP(C) 9243/2021
PETITIONER ANNEXURE
EXHIBIT P1 THE TRUE COPY OF THE ORDER
NO.AC.F.I.2.874/83. DATED 31.12.1984
ISSUED BY THE REGISTRAR, GANDHIJI
UNIVERSITY TO THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE ORDER NO.
106/B2/86/ACAD DATED 10/04/1986 ISSUED
BY THE REGISTRAR, GANDHIJI UNIVERSITY TO
THE PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE ORDER
NO.250/B4/88/ACAD.DATED 16/03/1988
ISSUED BY THE REGISTRAR, MAHATMA GANDHI
UNIVERSITY TO THE PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE ORDER
NO.459/B4/4/87/ACAD DATED 14.12.1988
ISSUED BY THE REGISTRAR, MAHATMA GANDHI
UNIVERSITY TO THE PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE ORDER
NO.459/BIII/4/88/ACAD DATED 12.04.1988
ISSUED BY THE REGISTRAR, MAHATMA GANDHI
UNIVERSITY TO THE PETITIONER.
EXHIBIT P6 THE TRUE COPY OF THE ORDER
NO.459/B4/88/ACAD DATED 11.02.1988
ISSUED BY THE REGISTRAR, MAHATMA GANDHI
UNIVERSITY TO THE PETITIONER.
EXHIBIT P7 THE TRUE COPY OF THE ORDER NO.459/B111-
4/88/ACAD DATED 08/08.1988 ISSUED BY THE
REGISTRAR, MAHATMA GANDHI UNIVERSITY TO
THE PETITIONER.
EXHIBIT P8 THE TRUE COPY OF THE ORDER NO.459/B111-
4/88/ACAD DATED 30.12.1988 ISSUED BY THE
REGISTRAR, MAHATMA GANDHI UNIVERSITY TO
THE PETITIONER.
WP(C) NO. 9243 OF 2021
EXHIBIT P9 THE TRUE COPY OF THE ORDER NO.459/B111-
3/86/ACAD DATED 09.02.1989 ISSUED BY THE
REGISTRAR, MAHATMA GANDHI UNIVERSITY TO
THE PETITIONER.
EXHIBIT P10 THE TRUE COPY OF THE ORDER NO.459/B111-
3/86/ACAD DATED 27.02.1989 ISSUED BY THE
REGISTRAR, MAHATMA GANDHI UNIVERSITY TO
THE PETITIONER.
EXHIBIT P11 THE TRUE COPY OF THE ORDER NO.459/B111-
3/88/ACAD DATED 18.05.1989 ISSUED BY THE
REGISTRAR, MAHATMA GANDHI UNIVERSITY TO
THE PETITIONER.
EXHIBIT P12 THE TRUE COPY OF THE ORDER NO.459/B111-
3/86/ACAD DATED 21.07.1989 ISSUED BY THE
REGISTRAR, MAHATMA GANDHI UNIVERSITY TO
THE PETITIONER.
EXHIBIT P13 THE TRUE COPY OF THE ORDER NO.235/B111-
3/90/ACAD DATED 30.01.1990 ISSUED BY THE
REGISTRAR, MAHATMA GANDHI UNIVERSITY TO
THE PETITIONER.
EXHIBIT P14 THE TRUE COPY OF THE ORDER NO.459/B111-
3/86/ACAD DATED 08.10.1990 ISSUED BY THE
REGISTRAR, MAHATMA GANDHI UNIVERSITY TO
THE PETITIONER.
EXHIBIT P15 THE TRUE COPY OF THE ORDER NO.459/B111-
3/86/ACAD DATED 12.12.1990 ISSUED BY THE
REGISTRAR, MAHATMA GANDHI UNIVERSITY TO
THE PETITIONER.
EXHIBIT P16 THE TRUE COPY OF THE ORDER U.O.NO.AC.BV-
3/38/98 DATED 18/03/1999 ISSUED BY THE
REGISTRAR, MAHATMA GANDHI UNIVERSITY TO
THE PETITIONER.
EXHIBIT P17 TRUE COPY OF THE ORDER
G.O(MS)NO.209/96/H.EDN.DATED 24.12.1996
ISSUED BY THE 1ST RESPONDENT.
WP(C) NO. 9243 OF 2021
EXHIBIT P18 THE TRUE COPY OF THE ORDER
NO.AC.BV.1/594/2003 DATED 15.12.2003
ISSUED BY THE REGISTRAR, MAHATMA GANDHI
UNIVERSITY TO THE PETITIONER.
EXHIBIT P19 TRUE COPY OF THE STATEMENT OF FIXATION
OF PAY UNDER THE REVISED UGC SCHEME OF
THE PETITIONER DATED 05.05.2010
SANCTIONED BY THE 3RD RESPONDENT.
EXHIBIT P20 THE TRUE COPY OF THE ORDER NO.PR-
2101311561/P-5/3/1013207041 DATED
07/11/2013 ISSUED BY THE 4TGH
RESPONDENT.
EXHIBIT P21 THE TRUE COPY OF THE ORDER
NO.MI/33/761/2013/COLLEGIATE EDUCATION
DIRECTOR DATED 08/08/2004 ISSUED BY THE
2ND RESPONDENT.
EXHIBIT P22 THE TRUE COPY OF THE ORDER
NO.33/881/F3/14/H.EDN DATED 25/05/2015
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P23 THE TRUE COPY OF THE
GO(P)NO.2357/99/FIN. DATED 25/11/1999
ISSUED BY THE GOVERNMENT.
EXHIBIT P24 THE TRUE COPY OF THE GO(P)NO.413/2014
DATED 24/09/2014 ISSUED BY THE
GOVERNMENT.
EXHIBIT P25 THE TRUE COPY OF THE ORDER
GO(P)NO.93/76/H.EDN DATED 26.06.1976
ISSUED BY THE GOVERNMENT.
EXHIBIT P26 THE TRUE COPY OF THE JUDGMENT IN WPC
NO.30842/2007 DATED 09/08/2012 OF THIS
HON'BLE COURT.
EXHIBIT P27 THE TRUE COPY OF THE JUDGMENT IN WPC
NO.30917/2012 DATED 22/01/2016 OF THIS
HON'BLE COURT.
WP(C) NO. 9243 OF 2021
EXHIBIT P28 THE TRUE COPY OF THE G.O (P)
NO.21/2018/FIN DATED 16/02/2018 ISSUED
BY THE GOVERNMENT.
EXHIBIT P29 THE TRUE COPY OF THE G.O(P)
NO.47/2018/FIN DATED 21.03.2018 ISSUED
BY THE GOVERNMENT.
EXHIBIT P30 THE TRUE COPY OF GO(MS) NO.401/2019/FIN
DATED 28/10/2019 ISSUED BY THE
GOVERNMENT.
EXHIBIT P31 THE TRUE COPY OF THE NOTIFICATION OF
G.O(P) NO.366/2009/FIN DATED 28/08/2009
AS PER SRO 755/2009 ISSUED AND PUBLISHED
BY THE GOVERNMENT.
EXHIBIT P32 THE TRUE COPY OF THE COMMON JUDGMENT
DATED 18/03/2021 IN WPC NO.1033/2020 AND
CONNECTED CASES OF THIS HON'BLE COURT.
