Rosamma Thomas vs State Of Kerala
2021 Latest Caselaw 13390 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. 9632 OF 2021
PETITIONER:

           ROSAMMA THOMAS
           AGED 61 YEARS
           W/O.C.J. JOSE, ASSOCIATE PROFESSOR (RETIRED), BOTANY
           DEPARTMENT, DEVAMATHA COLLEGE, KURAVILANGAD, KOTTAYAM,
           RESIDING AT CHERUVATTIL HOUSE, THELLAKOM P.O., KOTTAYAM
           686 630

           BY ADV B.MOHANLAL



RESPONDENTS:

    1      STATE OF KERALA
           REP.BY 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
           KOTTAYAM P.O., KOTTAYAM.

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


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. 9632 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. 9632 OF 2021

APPENDIX OF WP(C) 9632/2021

PETITIONER ANNEXURE

EXHIBIT P1 THE TRUE COPY OF THE ORDER NO.GA/F1/8946/84 DATED 3/12/1984 ISSUED BY THE REGISTRAR, CALICUT UNIVERSITY TO THE PETITIONER.

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF SERVICE DATED 5/1/2016 OBTAINED BY THE PETITIONER FROM DISTRICT EDUCATIONAL OFFICER, PALA.

EXHIBIT P3 THE TRUE COPY OF THE ORDER NO.141/B IV-

3/89/ACAD. DATED 27.4.1989 ISSUED BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.

EXHIBIT P4 THE TRUE COPY OF THE ORDER NO.141/B IV-

3/89/ACAD. DATED 1/12/1989 ISSUED BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.

EXHIBIT P5 THE TRUE COPY OF THE ORDER NO.AC.B.V.3/193/99 DATED 1/8/2000 ISSUED BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.

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

EXHIBIT P7 THE TRUE COPY OF THE ORDER NO.AC.B.V./ (4)/97/2003 DATED 19.4.2003 ISSUED BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.

EXHIBIT P8 THE TRUE COPY OF THE ORDER NO.AC.B.V.4/346/2005 DATED 16/6/2005 ISSUED BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY TO THE PETITIONER.

EXHIBIT P9 THE TRUE COPY OF THE STATEMENT OF WP(C) NO. 9632 OF 2021

FIXATION OF PAY FORWARDED TO THE 3RD RESPONDENT.

EXHIBIT P10 THE TRUE COPY OF THE APPLICATION FOR PENSION OF THE PETITIONER AND THE SERVICE DETAILS.

EXHIBIT P11 THE TRUE COPY OF THE ORDER DATED 27/10/2015 ISSUED BY THE 4TH RESPONDENT SANCTIONING PENSIONARY BENEFITS TO THE PETITIONER.

EXHIBIT P12 THE TRUE COPY OF THE G.O.(P) NO.2357/99/FIN. DATED 25.11.1999 ISSUED BY THE GOVERNMENT.

EXHIBIT P13 THE TRUE COPY OF THE G.O.(P) NO.413/2014/FIN. DATED 24/9/2014 ISSUED BY THE GOVERNMENT.

EXHIBIT P14 THE TRUE COPY OF THE G.O.(P) NO.93/76/H.EDN. DATED 26/6/1976 ISSUED BY THE GOVERNMENT.

EXHIBIT P15 THE TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.30842/2007 DATED 9.8.2012 OF THIS HON'BLE COURT.

EXHIBIT P16 THE TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.30917/2012 DATED 22/1/2016 OF THIS HON'BLE COURT.

EXHIBIT P17 THE TRUE COPY OF THE ORDER NO.PR.2101542359/P-4/3/1518386471 DATED 8/6/2018 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

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 WP(C) NO. 9632 OF 2021

BY THE GOVERNMENT.

EXHIBIT P20 THE TRUE COPY OF THE G.O.(MS) 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.0. 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.