Dr.Alex Thannippara vs State Of Kerala
2021 Latest Caselaw 19656 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
                      W.P.(C)NO.19352 OF 2021


PETITIONER:

             DR.ALEX THANNIPPARA, AGED 56 YEARS,
             S/O. T.C. ALEXANDER, THANNIPPARA HOUSE,
             VELLAPPADU, PALA P.O, KOTTAYAM,
             (RETIRED AS ASSOCIATE PROFESSOR IN STATISTICS,
             FROM ST. THOMAS COLLEGE, PALA)

             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
             KOTTAYAM,
             OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
             EDUCATION, VYSKARAKUNNU, KOTTAYAM - 686 001.
      5      STATE OF KERALA
             REPRESENTED BY THE CHIEF SECRETARY,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.

             SMT.ANIMA P, GOVERNMENT PLEADER


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    17.09.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.19352 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 one month from the date of receipt of a copy of

this judgment.

Sd/-

                                                  AMIT RAWAL
           ss                                        JUDGE
 W.P.(C) No.19352 Of 2021

APPENDIX OF WP(C) 19352/2021

PETITIONER EXHIBITS:

Exhibit P1 TRUE COPY OF THE NOTIFICATION G.O(P) NO.

366/2009/FIN. DATED 28.08.2009 ISSUED BY 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE G.O(P) NO.66/16/FIN DATED 09.05.2016 ISSUED BY THE FINANCE (PENSION - B) DEPARTMENT.

Exhibit P3 TRUE COPY 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 30.07.1979 ISSUED BY THE FINANCE (PENSION - B) DEPARTMENT.

Exhibit P5 TRUE COPY OF THE G.O(MS) NO.

191/77/FIN/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 18.03.2021 IN WP(C) NO. 26553/2020 AND CONNECTED CASES PASSED BY THIS HONOURABLE COURT.