Mary Alice G vs The State Of Kerala
2021 Latest Caselaw 13356 Ker

WP(C) NO. 12179 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
          MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                          WP(C) NO. 12179 OF 2021
PETITIONER:

              MARY ALICE G.
              AGED 59 YEARS
              WIFE OF EDISON.S, RETIRED ASSOCIATE PROFESSOR IN ECONOMICS,
              ALL SAINTS COLLEGE, THIRUVANANTHAPURAM 695 007
              (RESIDING AT VALIYAVEETTIL, T.C. NO. 30/1415-2, CHURCH
              LANE, P.O. PETTAH. THIRUVANANTHAPURAM DISTRICT 695 024,

              BY ADVS.
              V.A.MUHAMMED
              V.RAJASEKHARAN NAIR


RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
              HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM 695 001.

     2        THE DIRECTOR OF COLLEGIATE EDUCATION,
              VIKAS BHAVAN, THIRUVANANTHAPURAM 695 033.

     3        THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
              DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION, ST THOMAS
              SHOPPING COMPLEX, CROSS JUNCTION KOLLAM DISTRICT 691 001.

     4        THE ACCOUNTANT GENERAL (A AND E) KERALA,
              M.G. ROAD, THIRUVANANTHAPURAM 695 039.

     5        THE MANAGER,
              ALL SAINTS COLLEGE, THIRUVANANTHAPURAM 695 007.

     6        THE PRINCIPAL,
              ALL SAINTS COLLEGE, THIRUVANANTHAPURAM 695 007.

              SMT.NISHA BOSE, SR. GP

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. 12179 OF 2021

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                                    JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) call for the records relating to Exhibit P-8 and set aside the original of the same to the extent it denies the service rendered by the Petitioner from 01.06.1989 to 31.03.1997 in leave vacancy for pensionary benefits by the issue of a writ of certiorari or other appropriate writ or order.

(ii) declare that the service of the Petitioner from 01.06.1989 to 31.03.1997 in the leave vacancy is reckonable for pensionary benefits to the Petitioner.

(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to reckon the service rendered by the Petitioner in leave vacancy from 01.06.1989 to 31.03.1997 for pensionary benefits of the Petitioner in view of the fact that Exhibit P-10 amendment has no retrospective effect."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that the

petitioner had continuous approved service as Junior Lecturer in Economics

in the All Saints College, Thiruvananthapuram from 01.06.1989. It is

submitted that she also had broken periods of approved service before the

appointment on 01.06.1989. She retired from service on 31.03.2018. The

Accountant General has admitted her qualifying service only as 20 years and

4 months denying the period from 01.06.1989 to 31.03.1997 on the ground WP(C) NO. 12179 OF 2021

that service in a leave vacancy cannot be reckoned for pensionary benefits. It

is submitted that Ext.P9 representation has been preferred by the petitioner

before the Government and the same is pending consideration. It is further

submitted that the issue stands covered by Exts.P11 and P12 judgments of

this Court.

4. Having heard the learned Government Pleader also, I am of the opinion

that Ext.P9 representation is liable to be considered in accordance with law.

There will, accordingly, be a direction to the 1 st respondent to take up Ext.P9

representation submitted by the petitioner and to pass orders thereon, with

notice to the petitioner and after hearing her, through any appropriate

means, including video conferencing, within a period of three months from

the date of receipt of a copy of this judgment. The findings in Exts.P11 and

P12 judgments shall also be taken note of while passing orders as directed

above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 12179 OF 2021

APPENDIX OF WP(C) 12179/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE ORDER NO. AC.F.I.5.1205/86 DATED 02.04.1990 OF THE UNIVERSITY OF KERALA.

Exhibit P3 TRUE COPY OF THE ORDER NO. AC.FI.51205/86 DATED 24.02.1995 OF THE UNIVERSITY OF KERALA.

Exhibit P4 TRUE COPY OF THE ORDER N. AC.F1/2/2766/97 DATED 04.11.1998 OF THE UNIVERSITY OF KERALA.

Exhibit P5 TRUE COPY OF THE ORDER NO. AC.F1/5/3807/87 DATED 16/10/1997 OF THE UNIVERSITY OF KERALA.

Exhibit P6 TRUE COPY OF THE ORDER NO.AC.F.III/2/32721/2001 DATED 29.03.2004 OF THE UNIVERSITY OF KERALA.

Exhibit P7 TRUE COPY OF THE G.O. (P) NO. 47/2018/FIN.

DATED 21.03.2018 OF THE GOVERNMENT.

Exhibit P8 TRUE COPY OF THE VERIFICATION REPORT DATED 21.05.2018 OF THE OFFICE OF THE ACCOUNTANT GENERAL.

Exhibit P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 25.03.2021.

Exhibit P10 TRUE COPY OF THE G.O.(P) NO. 128/2018/FIN.

DATED 10.08.2018 OF THE GOVERNMENT.

Exhibit P11 TRUE COPY OF THE DECISION REPORTED IN 2019 (3) KHC 972 DECIDED ON 04.07.2019.

Exhibit P12 TRUE COPY OF THE JUDGMENT IN WPC NO. 1033/2020 DATED 18.03.2021.

RESPONDENT'S/S EXHIBITS: NIL