Dr.Rose Philo K.J vs State Of Kerala
2021 Latest Caselaw 18593 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE AMIT RAWAL
 WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                      WP(C) NO. 18290 OF 2021
PETITIONER:

             DR.ROSE PHILO K.J.
             AGED 60 YEARS
             W/O. ANDREW MARSHAL, ROSES, SUNSHINE VALLEY,
             CSEZ P.O., KAKKANADU-682 037, (RTD. ASSOCIATE
             PROFESSOR IN CHEMISTRY, ST.PAUL'S COLLEGE,
             KALAMASSERY).

           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 COLLEGE EDUCATION,
             VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001.

     4       THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
             OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
             EDUCATION, ERNAKULAM, HOSPITAL ROAD, KOCHI-682 011.

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


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.09.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
  WP(C) NO. 18290 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 hmh WP(C) NO. 18290 OF 2021

APPENDIX OF WP(C) 18290/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTIFICATION G.O.(P) NO.366/2009/FIN. DATED 28.8.2009 ISSUED BY IST RESPONDENT.

Exhibit P2 TRUE COPY OF THE G.O.(P) NO.66/16/FIN.

DATED 9.5.2016 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT.

Exhibit P3 TRUE COY OF THE G.O.(P) NO.113/16/FIN DATED 5.8.2016 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT.

Exhibit P4 TRUE COPY OF THE G.O.(P) NO.670/79/FIN.

DATED 30.7.1979 ISSUED BY THE FINANCE (PENSION B) DEPARTMENT.

Exhibit P5 TRUE COPY OF THE G.O.(MS)NO.191/77/H-

EDN. DATED 5.12.1977 ISSUED BY THE HIGHER EDUCATION (F) DEPARTMENT.

Exhibit P6 TRUE COPY OF THE G.O.(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