A.Ahmed Koya vs State Of Kerala
2022 Latest Caselaw 10206 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                       WP(C) NO. 11535 OF 2020
PETITIONER:

          A.AHMED KOYA
          AGED 76 YEARS
          SON OF THE ASSAN KUNJU MUSSALIYAR, LOWER DIVISION
          STOREKEEPER (COMPULSORILY RETIRED), MILAD-E-SHERIFF
          MEMORIAL COLLEGE, KAYAMKULAM, RESIDING AT PICHANATTU
          HOUSE, ERUVA WEST P.O., KAYAMKULAM, ALAPPUZHA-690572.
          BY ADVS.
          REKHA VASUDEVAN
          SMT.V.DEEPA
          SRI.B.AKSHITHA


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    2     THE DIRECTOR OF COLLEGIATE EDUCATION,
          DIRECTORATE OF COLLEGIATE EDUCATION, 6TH FLOOR, VIKAS
          BHAVAN, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.
    3     THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
          EDUCATION, SOUTH ZONE, ASP TOWER, CHAMAKKADA,
          KOLLAM-691101.
    4     THE ACCOUNTANT GENERAL (A & E) KERALA,
          AUDIT BHAVAN, MAHATMA GANDHI ROAD, PALAYAM,
          THIRUVANANTHAPURAM-695001.
    5     THE MANAGER,
          MILAD-E-SHERIFF MEMORIAL COLLEGE, NH-47,
          KAYAMKULAM-690502.
          BY ADV GOVERNMENT PLEADER
          SMT.RESMI THOMAS - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11535 OF 2020           2

                            JUDGMENT

The petitioner seeks pensionary benefits from 10.05.1977, but

he is aggrieved by the fact that the 4th respondent - Accountant

General (A&E) Kerala has allowed it only with effect from 06.11.2009.

2. Smt.Rekha Vasudevan - learned counsel for the petitioner,

explained that, as is evident from Ext.P6 proceedings of the Deputy

Director of Collegiate Education, her client had been granted pension

with effect from 10.05.1977, but that when the pension papers were

forwarded to the Office of the Accountant General, the Authority

refused to accede to the said date and fixed 06.11.2009 unilaterally.

She submitted that, therefore, Ext.P5, to the extent to which the

Accountant General has fixed the relevant date as being 06.11.2009

for the purpose of commencement of pensionary benefits to her client,

is illegal and unlawful.

3. Smt.Resmi Thomas - learned Government Pleader, in

response, submitted that it is true that Ext.P6 records that the

Pension Sanctioning Authority had granted pension to the petitioner

with effect from 10.05.1977. She added that, however, the Accountant

General has not issued orders corresponding to it because the

Government has not passed necessary special orders for such

purpose. She, however, conceded, to a pointed question from this

Court, that the Government does not dispute the orders of the Deputy

Director of Collegiate Education, which is reflected in Ext.P6,

granting pensionary benefits to the petitioner with effect from

10.05.1977.

4. When I consider the afore submissions, it is luculent that the

Accountant General has refused the petitioner's plea, for reckoning

10.05.1977 to be the date from which pension is sanctioned to him,

solely because of a technicality, namely, that Government has not

passed any subsequent special order granting pension from that date,

based on the proceedings of the Pension Sanctioning Authority,

mentioned in Ext.P6. However, since the Government does not have a

case before this Court that the Pension Sanctioning Authority was in

error for having sanctioned pension to the petitioner with effect from

10.05.1977, I am certain that the afore technical objection of the

Accountant General is no longer relevant.

Resultantly, I order this writ petition and quash Ext.P5 to the

extent to which it shows the date of sanction of pension to the

petitioner to be 06.11.2009; with a consequential direction to the 4 th

respondent to correct it as being 10.05.1977, based on Ext.P6

requisition made to him by the Deputy Director of Collegiate

Education. This shall be done as expeditiously as is possible, but not

later than two months from the date of receipt of a copy of this

judgment and all eligible benefits shall be disbursed to the petitioner

within a period of two months thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/15.9

APPENDIX OF WP(C) 11535/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.G3/405/08 DATED 18.03.2008 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 24.02.2012 IN W.P.(C)NO.6325 OF 2009 OF THIS HONOURABLE COURT.

EXHIBIT P3 TRUE COPY OF THE LETTER NO.C2/10023/05 DATED 22.09.2012 ADDRESSED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.P7/2/1012166078 DATED 16.01.2013 ADDRESSED BY THE ASSISTANT ACCOUNTS OFFICER OF THE 4TH RESPONDENT TO THE SUB TREASURY OFFICER EXHIBIT P5 TRUE COPY OF THE PENSION PAYMENT ORDER NO.P7/2/1012173378/338 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER NO.C2/10023/05/COL EDN DATED 26.11.2013 ADDRESSED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE DEATH CERTIFICATE DATED 25.06.2013 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, MARADU MUNICIPALITY. EXHIBIT P8 TRUE COPY OF THE CLINICAL REPORT DATED 16.06.2016 OF THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM.

EXHIBIT P9 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 06.01.2020 ISSUED BY DR.RAM MOHAN K, ASSOCIATE PROFESSOR, DEPARTMENT OF NEUROLOGY, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

EXHIBIT P10 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 08.01.2020 ISSUED BY CONSULTANT CARDIOLOGIST OF ST.GREGORIOS CARDIO VASCULAR CENTRE, PATHANAMTHITTA.

RESPONDENTS EXHIBITS EXHIBIT R4(A) A PHOTOCOPY OF THE FORMAL APPLICATION FOR PENSION.