Mary K.P vs State Of Kerala
2021 Latest Caselaw 13387 Ker

               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. 9321 OF 2021
PETITIONER:

           MARY K.P.
           AGED 61 YEARS
           W/O.JOSE ABRAHAM, ASSOCIATE PROFESSOR (RETIRED),
           ENGLISH DEPARTMENT, MAR ATHANASIOUS COLLEGE,
           KOTHAMANGALAM, RESIDING AT KATTARUKUDIYIL HOUSE,
           ALLAPRA P.O., PERUMBAVOOR, ERNAKULAM 683 556

           BY ADV B.MOHANLAL



RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER
           EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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

    3      THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
           NEAR MAHARAJAS COLLEGE, ERNAKULAM 682 011

    4      THE ACCOUNTANT GENERAL (A AND E)
           KERALA, THIRUVANANTHAPURAM 695 039

    5      THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
           FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695
           001.


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. 9321 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. 9321 OF 2021

APPENDIX OF WP(C) 9321/2021

PETITIONER ANNEXURE

EXHIBIT P1 THE TRUE COPY OF THE ORDER NO.ACAD.BII-

5/636/85 DATED 24.5.1988 ISSUED BY THE MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.

EXHIBIT P2 THE TRUE COPY OF THE ORDER NO.ACAD.B-II-

5/636/85 DATED 12.12.1988 ISSUED BY THE MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE ORDER NO.ACAD.BIII-

5/298/90 DATED 17/3/1990 ISSUED BY THE MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.

EXHIBIT P4 THE TRUE COPY OF THE ORDER NO.AC.BII-

5/4188/92 DATED 6.7.1993 ISSUED BY THE MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.

EXHIBIT P5 THE TRUE COPY OF THE ORDER NO.U.C.NO.AC.BV.2.241.2001 DATED 18.5.2001 ISSUED BY THE MAHATMA GANDHI UNIVERSITY

EXHIBIT P6 THE TRUE COPY OF THE G.O.(MS) NO.209/96/H.EDN. DATED 24.12.1996 ORDER ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.A3-1181/2001 DATED 31.10.2001 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P8 THE TRUE COPY OF THE ORDER NO.AC.BV/2/693/2005 DATED 13.1.2005 ISSUED BY MAHATMA GANDHI UNIVERSITY.

EXHIBIT P9 THE TRUE COPY OF THE FIXATION STATEMENT OF THE PETITIONER AND THE ORDER NO.D4- 4415/2010 DATED 22/2/2010 THE APPROVED WP(C) NO. 9321 OF 2021

SCALE OF PAY ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P10 THE TRUE COPY OF THE PENSION COMPUTATION APPLICATION OF THE PETITIONER.

EXHIBIT P11 THE TRUE COPY OF THE ORDER NO.P.R.2101670709/P-5/2/1016331525 DATED 4/1/2017 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P12 THE TRUE COPY OF REPRESENTATION DATED 16.2.2017 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS AND ITS POSTAL RECEIPT.

EXHIBIT P13 THE TRUE COPY OF THE G.O.(P) 2357/99/FIN. DATED 25.11.1999 ISSUED BY THE GOVERNMENT.

EXHIBIT P14 THE TRUE COPY OF THE G.O.(P) NO.413/2014 DATED 24.9.2014 ISSUED BY THE GOVERNMENT.

EXHIBIT P15 THE TRUE COPY OF THE G.O.(P) NO.93/76/H.EDN. DATED 26.6.1976 ISSUED BY THE GOVERNMENT.

EXHIBIT P16 THE TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.30842/2007 DATED 9/8/2012 OF THIS HON'BLE COURT.

EXHIBIT P17 THE TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.30917/2012 DATED 22/1/2016 OF THIS HON'BLE COURT.

EXHIBIT P18 THE TRUE COPY OF THE G.O.(P) NO.21/2018/FIN. DATED 16.2.2018 ISSUED BY THE GOVERNMENT.

EXHIBIT P19 THE TRUE COPY OF THE G.O.(P) NO.47/2018/FIN. DATED 21.3.2018 ISSUED BY THE GOVERNMENT.

EXHIBIT P20 THE TRUE COPY OF G.O.(MS) WP(C) NO. 9321 OF 2021

NO.401/2019/FIN. DATED 28.10.2019 ISSUED BY THE GOVERNMENT.

EXHIBIT P21 THE TRUE COPY OF THE NOTIFICATION OF G.O.(P) NO.366/2009/FIN. DATED 28.8.2009 AS PER S.R.O. 755/2009 ISSUED AND PUBLISHED BY THE GOVERNMENT.

EXHIBIT P22 THE TRUE COPY OF THE COMMON JUDGMENT DATED 18.3.2021 IN W.P.(C) NO.1033/2020 AND CONNECTED CASES OF THIS HON'BLE COURT.