Dr. Joby Thomas K vs State Of Kerala
2021 Latest Caselaw 19654 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
    FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                       WP(C) NO. 16832 OF 2021
PETITIONERS:

    1     DR. JOBY THOMAS K
          AGED 56 YEARS
          S/O.K.O. THOMAS,
          ASSOCIATE PROFESSOR (RETIRED),
          DEPARTMENT OF CHEMISTRY,
          ST. THOMAS COLLEGE (AUTONOMOUS), THRISSUR,
          RESIDING AT KAKKASSERY HOUSE, VELUKKARAN LANE,
          EAST FORT THRISSUR 680 005.

    2     DR. BIJU JOHN M.,
          AGED 50 YEARS
          S/O. JOHN M.J.
          ASSOCIATE PROFESSOR AND HEAD OF THE DEPARTMENT,
          DEPARTMENT OF COMMERCE,
          ST. THOMAS COLLEGE (AUTONOMOUS), THRISSUR,
          RESIDING AT MAILIT PAL THINGAL HOUSE,
          HARMONY STREET, LORDUPURAM,
          EAST FORT THRISSUR 680 005.

    3     DR. MINI CHANDRAN.C,
          AGED 54 YEARS
          W/O. PRASAD D,
          ASSOCIATE PROFESSOR AND HEALTH OF THE DEPARTMENT,
          DEPARTMENT OF ZOOLOGY,
          KSMDB COLLEGE, SASTHAMCOTTA, KOLLAM,
          RESIDING AT MOHANAM, MANAKKARA,
          SHANKARA MANGALAM COMPOUND, S
          ASTHAMKOTTA, KOLLAM 690 521.

    4     DR. TRISINA M ALAPAT,
          AGED 50 YEARS
          W/O. DR. FRANCY KAKKASERRY,
          ASSOCIATE PROFESSOR,
          DEPARTMENT OF ENGLISH,
          MERCY COLLEGE, PALAKKAD.
          RESIDING AT A3,
          ALAKANANDA RESIDENCY,
          CHUNGAM P.O. AYYANTHOLE, THRISSUR 680 003.
 WP(C) NO. 16832 OF 2021
                                  2

     5     MARIYAMA JOHN,
           AGED 54 YEARS
           W/O. POWER JOSE KONIKKARA, ASSOCIATE PROFESSOR,
           DEPARTMENT OF PHYSICS MERCY COLLEGE, PALAKKAD,
           RESIDING AT KONIKKARA HOUSE, 27/766(20),
           SIRNIVASA GARDENS KALLIKKAD, PALAKKAD 695 572.

     6     DR. BIJU C.S,
           AGED 50 YEARS
           S/O. C.S. CHERIAN, ASSOCIATE PROFESSOR,
           DEPARTMENT OF ENGLISH AND COORDINATOR DEPARTMENT
           OF MEDIA STUDIES ST. THOMAS, COLLEGE, THRISSUR,
           RESIDING AT CHEMPAKATHINAL HOUSE, YASORAM ROAD,
           CHRISTOPHER NAGAR, OLLUR, THRISSUR 680 306.

           BY ADVS.
           ARUN.B.VARGHESE
           AISWARYA V.S.


RESPONDENTS:

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

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


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.09.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 16832 OF 2021
                                 3


                           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 1st petitioner is entitled to, in

accordance with law. Other petitioners are still in service. 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. 16832 OF 2021

APPENDIX OF WP(C) 16832/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF JUDGMENT DATED 20.11.2020 IN WPC NO. 25554/2020 OF THE HONOURABLE HIGH COURT OF KERALA.

Exhibit P2 TRUE COPY OF THE ORDER NO. GO(RT) NO.

687/2021/H.EDN. DATED 24.05.2021 ISSUED BY THE IST RESPONDENT.

Exhibit P3 TRUE COPY OF JUDGMENT DATED 18.03.2021 IN WPC NO. 1033/2020 OF THE HONOURABLE HIGH COURT OF KERALA.