Abraham. K. Samuel vs State Of Kerala
2021 Latest Caselaw 20724 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE AMIT RAWAL
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                      WP(C) NO. 21150 OF 2021
PETITIONER

             ABRAHAM. K. SAMUEL
             AGED 58 YEARS
             S/O .E.SAMUEL, KOKKAPARAMBIL, PUTHENANGADI,
             KOTTAYAM, (RETIRED ASSOCIATE PROFESSOR IN
             MATHEMATICS FORM CMS COLLEGE, KOTTAYAM).

           BY ADV M.S.RADHAKRISHNAN NAIR


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
             GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT,
             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, VYSKARAKUNNU, KOTTAYAM-680 001.

     5       STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

             GP SRI JIMMY GEORGE


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.10.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                   -2-

WP(C) NO. 21150 OF 2021


                            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 hmh

WP(C) NO. 21150 OF 2021

APPENDIX OF WP(C) 21150/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTIFICATION GO(P) NO 366/2009/FIN DATED 28.8.2009 ISSUED BY 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE GO(P) NO 66/FIN DATED 9.5.2016 ISSUED BY THE FINANCE (PENSION- B) DEPARTMENT

Exhibit P3 TRUE COPY OF THE GO(P) NO 113/16/FIN DATED 5.8.2016 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT

Exhibit P4 TRUE COPY OF THE GO(P) NO 670/79/FIN DATED 30.7.1979 ISSUED BY THE FINANCE(PENSION B) DEPARTMENT

Exhibit P5 TRUE COPY OF THE GO(P) NO 191/77/H-EDN DATED 5.12.1977 ISSUED BY THE HIGHER EDUCATION (F) DEPARTMENT

Exhibit P6 TRUE COPY OF THE GO(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 WPC NO 26553/2020 AND CONNECTED CASES PASSED BY THIS HONOURABLE COURT

RESPONDENT EXHIBITS NIL