T.M.Philip vs State Of Kerala
2022 Latest Caselaw 9196 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                   WP(C) NO. 23792 OF 2022
PETITIONERS:

    1     T.M.PHILIP
          AGED 90 YEARS
          S/O T.P. MATHEW, PROFESSOR [RETD.], ST. THOMAS
          COLLEGE, KOZHENCHERRY, RESIDING AT 'THAIKKOOTTATHIL
          HOUSE', BAKER HILL, KOTTAYAM- 686001.
    2     GEORGE M. CHERIYAN
          AGED 84 YEARS
          S/O M.M. CHERIAN, PROFESSOR [RETD.], BISHOP MOORE
          COLLEGE, MAVELIKARA, RESIDING AT 'MANGALATHU', EAST
          OF MAVELIKARA RAILWAY STATION, MAVELIKARA - 690101
    3     P. M. MAMMEN
          AGED 80 YEARS
          S/O P.J. MATHEW, PROFESSOR [RETD.], CHRISTIAN
          COLLEGE, CHENGANNUR, RESIDING AT 'PULINTHITTA
          SOUMYA', ELAVUMTHITTA P.O., PATHANAMTHITTA DIST. -
          689625
    4     O.A. NINAN
          AGED 82 YEARS
          S/O ABRAHAM ABRAHAM, PROFESSOR [RETD.], MAR THOMA
          COLLEGE, THIRUVALLA RESIDING AT 'OORRIEL',
          PURAMATTOM P.O., PATHANAMTHITTA-689543.
    5     K. C. KURIAN
          AGED 83 YEARS
          S/O CHACKO CHACKO, PROFESSOR [RETD.], CATHOLICATE
          COLLEGE, PATHANAMTHITTA,RESIDING AT 'KUTTENCHIRA
          (H)', KURICHY P.O.,KOTTAYAM - 686532.
    6     SARAMMA MATHEW
          AGED 80 YEARS
          D/O N.D. MATHAI, PROFESSOR [RETD.], ASSUMPTION
          COLLEGE, CHANGANACHERRY, RESIDING AT 'NELLIMALA
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W.P.(C) No. 23792 of 2022.




              (H)', KUMBANAD, PATHANAMTHITTA-689547.
      7       ALEYAMMA THOMAS
              AGED 80 YEARS
              S/O N.M. THOMAS, PROFESSOR [RETD.], ST. THOMAS
              COLLEGE, KOZHENCHERRY, RESIDING AT
              'KANNAMPLALIL', MARAMON P.O., NEDUMPRAYAR -
              689549.
      8       K. M. VARUGHESE,
              AGED 86 YEARS
              S/O K.E. MATHEW, PROFESSOR [RETD.], ST. THOMAS
              COLLEGE, KOZHENCHERRY, RESIDING AT
              'KELAMPAKALATHIL LIVAS BHAVAN', MELUKARA,
              KOZHENCHERRY P.O. - 689641.
      9       P. G. VARUGHESE,
              AGED 84 YEARS
              S/O GEEVARGHESE, PROFESSOR [RETD.], ST. THOMAS
              COLLEGE, KOZHENCHERRY, RESIDING AT 'NELLIMALA
              HOUSE', KUMABANAD P.O. -689547.
     10       K. ABRAHAM
              AGED 82 YEARS
              S/O K.I. KOSHY, PROFESSOR [RETD.], ST. THOMAS
              COLLEGE, KOZHENCHERRY, RESIDING AT 'KULANGARA
              HOUSE', AYROOR NORTH P.O. - 689612.
     11       M. T. KOSHY
              AGED 83 YEARS
              S/O POTHA THOMAS, PROFESSOR [RETD.], ST.
              THOMAS COLLEGE, KOZHENCHERRY, RESIDING AT
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W.P.(C) No. 23792 of 2022.




              'PARAYIDAYIL', NELLIKKARA P.O., ELANTHOOR-
              689643.
     12       DR. M. T. SIMON
              AGED 82 YEARS
              S/O V.S. THOMAS, PROFESSOR [RETD.], ST. THOMAS
              COLLEGE, KOZHENCHERRY, RESIDING AT 'AYYAKKAVIL
              HOUSE', KOZHENCHERRY, PATHANAMTHITTA-689641.
     13       BABU ZACHARIAH
              AGED 84 YEARS
              S/O P.V. VARKEY, PROFESSOR [RETD.], MAR THOMA
              COLLEGE, THIRUVALLA, RESIDING AT 'PARACKAL', C
              GARDEN, THUNDATHIL P.O., KARYAVATTOM (VIA),
              TRIVANDRUM - 695581.
     14       GOPALAKRISHNA PILLAI T. K.
              AGED 82 YEARS
              S/O G. KESAVA PILLAI, PROFESSOR [RETD.], MAR
              THOMA COLLEGE, THIRUVALLA, RESIDING AT
              'SREEVILAS', PREYAR, PANDANAD NORTH P.O.,
              KALLISSERY, ALAPPUZHA - 689124.
     15       DR. P. P. MATHEWS
              AGED 81 YEARS
              S/O P.C. POULOSE, PROFESSOR [RETD.],
              CATHOLICATE COLLEGE, PATHANAMTHITTA, RESIDING
              AT 'PUTHUSSERIL (H)', MULANTHURUTHY - 682314 .
     16       MAMMEN V. ZACHARIAH
              AGED 80 YEARS
              S/O V.M. ZACHARIAH, PROFESSOR [RETD.], ST.
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W.P.(C) No. 23792 of 2022.




              THOMAS COLLEGE, KOZHENCHERRY, RESIDING AT
              'VADAKKEDATHU HOUSE', PULLAD P.
              O.PATHANAMTHITTA-689548.
     17       P. C. CHERIYAN
              AGED 83 YEARS
              S/O P.C. CHERIYAN, PROFESSOR [RETD.], ST.
              THOMAS COLLEGE, KOZHENCHERRY, RESIDING AT
              'PLAKEEZHU PUTHEN PARAMPIL', ERAVIPEROOR P.O,
              PATHANAMTHITTA-689542 .
     18       N. SAMUEL THOMAS
              AGED 80 YEARS
              S/O N.C. SAMUEL, PRINCIPAL [RETD.], ST. THOMAS
              COLLEGE, KOZHENCHERRY, RESIDING AT 'ENNESTY',
              NEELAMPILALIL, KOZHENCHERY, PATHANAMTHITTA-
              689641.
     19       C. JOHN THOMAS
              AGED 83 YEARS
              S/O C.M. THOMAS, LECTURER SELECTION GRADE
              [RETD.], ST. THOMAS COLLEGE, KOZHENCHERRY,
              RESIDING AT 'KOLETH VILLA', KOZHENCHERRY,
              PATHANAMTHITTA-689641 .
     20       SUNNY THOMAS,
              AGED 83 YEARS
              S/O P.J. THOMAS, PROFESSOR [RETD.], ST. THOMAS
              COLLEGE, KOZHENCHERRY, RESIDING AT
              'THEKETHIL', KURIANNOOR, PATHANAMTHITTA-
              689550.
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W.P.(C) No. 23792 of 2022.




     21       T. S. TITUS
              AGED 84 YEARS
              S/O T.M. SAMUEL, PROFESSOR [RETD.], ST. THOMAS
              COLLEGE, KOZHENCHERRY, RESIDING AT
              'THUNDUPARAMPIL', CHURULIKODE P.O.,
              PATHANAMTHITTA-689668.
     22       JOHN MATHAI K.
              AGED 81 YEARS
              S/O K.J. MATHAI, PROFESSOR [RETD.], MAR THOMA
              COLLEGE, THIRUVALLA RESIDING AT
              'KURICHIATHAKERIL', MELPADOM P.O., MANNAR,
              ALAPPUZHA - 689627.
     23       T. O. GEORGE
              AGED 83 YEARS
              S/O P. OONNOONY, PROFESSOR [RETD.], ST. THOMAS
              COLLEGE, KOZHENCHERRY, RESIDING AT
              'VADAKADATHU', CHANDANAPALLY P.O,
              PATHANAMTHITTA-689648.
     24       REV. ITTY MATHEW
              AGED 80 YEARS
              S/O REV. I. MATHEW, PROFESSOR [RETD.], BISHOP
              MOORE COLLEGE, MAVELIKARA, RESIDING AT
              'MUTHUTHOTTATIL', KALLUMALA P.O., MAVELIKARA,
              ALAPPUZHA - 690110.
     25       DR. SHYAMALA K. PANIKKAR
              AGED 81 YEARS
              D/O V.K. NEELAKANDAN PILLAI, PROFESSOR
              [RETD.], BISHOP MOORE COLLEGE, MAVELIKARA,
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W.P.(C) No. 23792 of 2022.




              RESIDING AT 10B, SANTHY RESIDENCY, ALAPPAT
              CROSS ROAD, RAVIPURAM, COCHIN - 682016.
     26       DR. C. JOYCE MATHEWS
              AGED 87 YEARS
              S/O KURIEN MATHAI, PRINCIPAL [RETD], U.C
              COLLEGE, ALUVA, RESIDING AT PRIMROSE VILLA,
              U.C COLLEGE P.O, ALUVA, ERNAKULAM - 683102.
              BY ADVS.
              S.MUHAMMED HANEEFF
              M.H.ASIF ALI
              SWETHAMBILY C.


RESPONDENTS:

      1       STATE OF KERALA
              REPRESENTED BY ADDL. CHIEF SECRETARY TO THE
              GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM - 695001.
      2       SECRETARY TO THE GOVERNMENT
              HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM - 695001.
      3       DIRECTOR OF COLLEGIATE EDUCATION
              DIRECTORATE OF COLLEGIATE EDUCATION, 6TH
              FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P. O.,
              THIRUVANANTHAPURAM - 695 033.
      4       ACCOUNTANT GENERAL (A&E)
              OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL
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W.P.(C) No. 23792 of 2022.




                 (A&E) THIRUVANANTHAPURAM - 695001.
      5          TREASURY DIRECTOR
                 TREASURY DIRECTORATE, KRISHNA BUILDING,
                 THYCAUD P.O., THIRUVANANTHAPURAM - 695014.

          THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) No. 23792 of 2022.




                             JUDGMENT

Dated this the 10th day of August, 2022.

The petitioners say that they retired, on attaining

the age of superannuation, from various Aided Colleges

in Kerala, as Principals/Professors. They assert that they

are entitled to receive pension and other retirement

benefits from the Government, which they have already

been sanctioned with; but that when the Government

issued order bearing No.G.O.(P)30/2021/Fin dt.

12/02/2021 - a copy of which is on record as Ext.P1 -

they were excluded from certain eligible additional

benefits and that when Ext.P2 order was, thereafter,

issued on 23/02/2021, "Special Care Allowance" of

Rs.1,000/- per month, as also reimbursement of medical

W.P.(C) No. 23792 of 2022.

expenses, additional nutritional expenditure and other

allied expenses, as applicable to the teachers in

Government service, have been denied to them all

together. They say that this is egregiously improper and

that their agony is compound by the fact that, when

Ext.P4 Circular was issued, they have been kept away

from its ambit.

2. The petitioners, therefore, pray that Ext.P4 be

set aside and that the Government be directed to include

them for all the benefits as are applicable to Government

Service under Exts.P1 and P2.

3. Sri.S.Muhammed Haneef - learned counsel for

the petitioners, submitted that there is no reason why his

clients have been excluded from the purview of Exts.P1

and P2 because it has been affirmatively settled by a

W.P.(C) No. 23792 of 2022.

learned Full Bench of this Court, in State of Kerala V.

Haridasan [2015 (2) KLT 145], that all the benefits

applicable to the teachers in the Government service

must be made available to those in the Aided Sector

also. He argued that the afore precedent renders it

ineluctable that all benefits have to be offered mutatis

mutandis to both the sections; and therefore that, Ext.P4

- to the extent to which it excludes teachers in the Aided

Sector, is illegal and unlawful.

4. Smt.M.R.Sreelatha - learned Special

Government Pleader appearing for the Department of

Finance, argued that the afore assertions of the

petitioners are untenable because the Exts.P1 and P2

have no bearing at all to the retired teachers of the Aided

Colleges and that it applies only to the superannuated

W.P.(C) No. 23792 of 2022.

Government teachers. She added that, as far as the

Aided sector is concerned, there are other Government

orders holding the field and that they are also given

certain other benefits and emoluments as per their

entitlement. She predicated that, therefore, the

arguments of the petitioners that Ext.P4 should apply to

them also, is without any legs to stand on .

5. When I consider the afore submissions, it is

indubitable that, on one hand, the petitioners say that all

the Government Orders applicable to the teachers in the

Government service should apply to those in the Aided

Sector also; while, the Government takes the stand to

the contrary and explain that the two categories that are

governed by distinct and different sets of Government

Orders.

W.P.(C) No. 23792 of 2022.

6. However, while acting under Article 226 of the

Constitution of India, it will not be possible for this Court

to conclusively speak on the rival contentions of the

parties at the first instance; and am certain that

Government must engage its mind on the claims of the

petitioners appropriately, taking note of all relevant and

germane inputs.

For the afore reasons, I order this writ petition to the

limited extent of granting liberty to the petitioners to

move an appropriate representation before the

Competent Authority of the Government, detailing all

their claims; and if this is done within a period of one

month from the date of receipt of a copy of this

judgment, it shall be considered by the said Authority,

after affording them an opportunity of being heard and

W.P.(C) No. 23792 of 2022.

adverting to all documents and precedents that they

may produce before it during such process; thus

culminating in an appropriate order and necessary action

thereon as expeditiously as is possible, but not later than

four months from the date of receipt of a copy of this

judgment.

Needless to say, I have not entered into the merits

of the rival contentions of the parties and that they are

all left open to be decided appropriately by the

Government, when the afore exercise is completed.

Sd/-

DEVAN RAMACHANDRAN JUDGE

ANB & Raj.

10.08.2022.

W.P.(C) No. 23792 of 2022.

APPENDIX OF WP(C) 23792/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF G.O.(P) 30/2021/FIN.

DT. 12/02/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 A TRUE COPY OF GO(P) 35/2021/FIN. DT.

23/02/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 A TRUE COPY OF THE COMMUNICATION ISSUED BY 5TH RESPONDENT TO SRI.P.C.CHERIYAN DT. 27/01/2022.

Exhibit P4 A TRUE COPY OF THE CIRCULAR NO.46/21/FIN. DT. 16/06/2021 ISSUED BY THE 1ST RESPONDENT.