Kerala High Court
Seena.P vs State Of Kerala on 1 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
WP(C) NO. 6682 OF 2023
PETITIONERS:
1 SEENA.P
AGED 45 YEARS, W/O.RAMESH KUMAR.U,
HIGHER SECONDARY SCHOOL TEACHER -JUNIOR
(COMMERCE), RAJA'S HIGHER SECONDARY SCHOOL,
CHIRAKKAL, KANNUR DISTRICT, PIN - 670011
2 DIVYA.P
AGED 34 YEARS, D/O.K.C.KUMARAN,
HIGHER SECONDARY SCHOOL TEACHER - (ENGLISH),
KADACHIRA HIGHER SECONDARY SCHOOL,
KADACHIRA.P.O., KANNUR DISTRICT, PIN - 670621
3 VEENA.K
AGED 43 YEARS, D/O.M.P.V.JANARDHANAN,
HIGHER SECONDARY SCHOOL TEACHER - (COMMERCE),
PARASSINIKADAVU HIGHER SECONDARY SCHOOL,
PARASSINIKADAVU.P.O.,
KANNUR DISTRICT, PIN - 670563
4 SREEKUMAR.M.T,
AGED 40 YEARS, S/O.T.P.KUNHI KAMMARAN,
LAB ASSISTANT, NADUVIL HIGHER SECONDARY SCHOOL,
NADUVIL.P.O., KANNUR DISTRICT, PIN - 670582
5 BEENA.K.P
AGED 42 YEARS, W/O.MAHESAN.M.M, LAB ASSISTANT,
MOOTHEDATH HIGHER SECONDARY SCHOOL,
THALIPARAMBA.P.O., KANNUR DISTRICT, PIN - 670141
6 SAYOOJ.M.K
AGED 43 YEARS, S/O.NARAYANAN.V, LAB ASSISTANT,
KADACHIRA HIGHER SECONDARY SCHOOL,
KADACHIRA.P.O., KANNUR DISTRICT, PIN - 670621
7 PRAMOD.N
AGED 48 YEARS, S/O.M.V.NARAYANAN,
LAB ASSISTANT, PARASSINIKADAVU HIGHER SECONDARY
SCHOOL, PARASSINIKADAVU.P.O.,
KANNUR DISTRICT, PIN - 670563
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
SWATHY A.P.
WP(C).No.6682/2023
2
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT,
SECRETARIAT ,THIRUVANANTHAPURAM, PIN - 695001
4 DIRECTOR OF GENERAL EDUCATION
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695001
5 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, PAYYAMBALAM,
KANNUR, PIN - 670003
6 STATE NODAL OFFICER
NATIONAL PENSION SYSTEM, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
OTHER PRESENT:
SMT. SURYA BINOY SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.6682/2023
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.6682 of 2023
----------------------------------------------
Dated this the 01st day of March, 2023
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a Writ of Mandamus or any other
appropriate writ, order or direction directing
respondents to include the petitioners in
Statutory Pension Scheme as per Part III KSR
instead of National Pension System.
ii. To issue a Writ of Mandamus or any other
appropriate writ, order or direction directing
respondents to refund the Pension contribution
deducted from the petitioners salary towards
National Pension System along with interest
accrued on the same;
iii. To grant such other appropriate Writ or further
relief as deemed fit and proper by this Honorable
Court on the facts and circumstances of the case.
iv. To dispense with the translation of the documents
produced in the vernacular language.
(SIC)
2. Petitioners 1 to 3 are appointed as Higher
Secondary School Teachers (Junior) on 15.03.2013,
WP(C).No.6682/2023
25.03.2013 and 15.03.2013 respectively. Petitioners 4 to 7 are
appointed as Lab Assistant on 15.03.2013, 13.03.2013,
25.03.2013 and 15.03.2013 respectively. Initially, the Regional
Deputy Director of Higher Secondary Education, Kannur
approved appointment of the petitioners with effect from
03.06.2013. In between the time of the appointment and
approval of appointment of the petitioners, the Government
has introduced National Pension System (for short, NPS) with
effect from 01.04.2013. Since the petitioners' appointments
are in March 2013, it is submitted that they are not liable to
pay pension Contribution to the NPS. On the other hand,
according to the petitioners, they are eligible for statutory
pension prevailed on the date of their appointments. But the
petitioners were included in NPS for the reason that their
appointments were approved only with effect from 03.06.2013.
Therefore, petitioners filed writ petitions before this Court and
ultimately as per Exts.P1 to P4 orders, the petitioners'
appointments were approved with effect from their date of
appointments. Hence it is submitted that the petitioners who
have approval before 01.04.2013 are eligible for Statutory
WP(C).No.6682/2023
Pension as per Part-III KSR instead of NPS. Therefore this
writ petition is filed.
3. Heard the learned counsel for the petitioners and
the learned Government Pleader.
4. The counsel for the petitioners submitted that
admittedly the petitioners' appointments were approved
before 01.04.2013, the date on which NPS was introduced.
Hence the petitioners are entitled Statutory Pension as per
Part - III KSR.
5. This point was considered by this Court in several
judgments. In the judgment dated 09.02.2023 in W.P.(C).
No.386/2023 also a similar contention was considered. It will
be better to extract paragraph 5 of that judgment:
"5. This court considered the contention of the
petitioners and the Government Pleader. A perusal of
Exts.P2 to P6 would show that the petitioners
appointment were approved prior to 01.04.2013. If
that is the case, the NPS, which came into force on
01.04.2013 is not applicable to the petitioners and
they are entitled statutory pension as per Part III
KSR. The same point is considered by this Court in
Ext.P8 judgment. In the light of Ext.P8 judgment
dated 16.08.2022 in WP(C) No.23865 of 2022, this
writ petition is only to be allowed."
WP(C).No.6682/2023
6. The petitioners are also similarly situated persons.
Therefore I think the petitioners are entitled the reliefs in this
case.
Therefore, this writ petition is allowed in the following
manner:
1. Respondents 2 to 6 are directed to include the
petitioners in Statutory Pension Scheme as per
Part III KSR instead of National Pension Scheme.
2. Respondents 2 to 6 are directed to refund the
pension contribution deducted from the salary of
the petitioners towards National Pension
Scheme, as expeditiously as possible, at any
rate, within four months from the date of receipt
of a copy of this judgment.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.6682/2023
APPENDIX OF WP(C) 6682/2023
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE JUDGMENT IN W.P(C)
NO.7660/2014 DATED 01.06.2015
Exhibit P2 A COPY OF THE JUDGMENT IN W.P(C)
NO.27705/2014 DATED 31.07.2015
Exhibit P3 A COPY OF THE JUDGMENT IN W.P(C)
NO.21999/2014 DATED 01.12.2017
Exhibit P4 A COPY OF THE JUDGMENT IN W.P(C)
NO.11033/2014 DATED 01.06.2015
Exhibit P5 A COPY OF THE REVISED APPROVAL ORDER
NO.A5/7529/18/K.DIS DATED 23.11.2018
OF THE 1ST PETITIONER
Exhibit P6 A COPY OF THE REVISED APPROVAL ORDER
NO.A7/6762/2018/K.DIS DATED 03.04.2019
OF THE 2ND PETITIONER
Exhibit P7 A COPY OF THE REVISED APPROVAL ORDER
NO.A8/1053/2019/K.DIS DATED 01.10.2019
OF THE 3RD PETITIONER
Exhibit P8 A COPY OF THE REVISED APPROVAL ORDER
NO.A7/6776/2018/K.DIS DATED 04.02.2019
OF THE 4TH PETITIONER
Exhibit P9 . A COPY OF THE REVISED APPROVAL ORDER
NO.A8/6201/18/K.DIS DATED 14.09.2018
OF THE 5TH PETITIONER
Exhibit P10 . A COPY OF THE REVISED APPROVAL ORDER
NO.A7/6762(1)/2018/K.DIS DATED
04.02.2019 OF THE 6TH PETITIONER
Exhibit P11 A COPY OF THE REVISED APPROVAL ORDER
NO.A7/6775/2018/K.DIS DATED 04.02.2019
OF THE 7TH PETITIONER
Exhibit P12 A COPY OF THE ORDER DATED 27.09.2019
BY INCLUDING EIGHT TEACHERS IN
STATUARY PENSION
Exhibit P13 A COPY OF THE JUDGMENT DATED
16.08.2022 IN WPC NO.23865/2022
