Kerala High Court
V.J.Thomas vs State Of Kerala on 11 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 3762 OF 2015
PETITIONER:
V.J.THOMAS
AGED 69 YEARS
RETIRED LECTURER, MARTHOMA COLLEGE THIRUVALLA,
VARAMPATH HOUSE, THEEPANY, THIRUVALLA
BY ADVS.
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
SRI.T.G.SUNIL PRANAVAM
RESPONDENTS:
1 STATE OF KERALA
REP BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001
2 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
THIRUVANANTHAPURAM-PIN-695001
3 THE MANAGER
MARTHOMA COLLEGE, THIRUVALLA-PIN-689101
BY ADVS.
GOVERNMENT PLEADER
SRI.SURIN GEORGE IPE
OTHER PRESENT:
SMT.PRINCY XAVIER, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.3762 OF 2015
2
P.V.KUNHIKRISHNAN
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W.P.(C).No.3762 of 2015
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Dated this the 11th day of March, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) To issue a writ of certiorari or any other
appropriate writ, order or direction calling for the
records leading to Ext. P-9 and quash the same ;
ii) To issue a writ of certiorari or any other
appropriate writ, order or direction calling for the
records leading to the endorsement made by the
3rd respondent in Page 19 of the service book of the
petitioner holding that the three spells of leave from
16.9.1975 to 12.11.1978, from 1.6.1981 to
29.3.1983 and from 1.6.1983 to 20.6.1984, will not
count for service benefits including pension and
quash the same ;
iii) Issue a writ of mandamus or other appropriate
writ, order or direction, directing the respondents 1
and 2 grant pension to the petitioner on his
voluntary retirement with effect from 31.12.1995
along with arrears and all consequential benefits;
iv) Declare that the petitioner who has more than 20
years of qualifying service prior to his voluntary
retirement on 31.12.1995 is entitled to be granted
pension;
v) Declare that the petitioner is entitled to have the
period of leave without allowance availed by him for
the 3 spells from 16.9.1975 to 12.11.1978, from
1.6.1981 to 29.3.1983 and from 1.6.1983 to
20.6.1984, as qualifying for counting towards
pension; And
vi) Issue such other and further reliefs as this
Hon'ble Court may deem fit and proper in the facts
and circumstances of the case." (SIC)
W.P.(C) NO.3762 OF 2015
2. When this writ petition came up for consideration,
the learned Government Submitted that the points raised by
the petitioner is covered against the petitioner in State of
Kerala and others vs. M.M.Thomas and others (2015
(1) KHC 502). Moreover, the learned Government Pleader
also takes me through paragraph 2 and 3 of the counter
affidavit filed by the 2nd respondent, which is extracted
hereunder:-
"2 It is submitted before the Hon'ble High
Court of Kerala that the Petitioner's first
appointment as junior Lecturer in Mar Thoma
college Thiruvalla on 01.07.1968 and has
participated Diploma Course in English conducted by
the University of Kerala from 28.07.1969 το
05.03.1970 and acquired the said diploma degree in
English. The Petitioner rejoined duty in service only
on 13.07.1970 that is 4 months after completion of
the Diploma Course. On verification of the service
book of the petitioner it is seen that Petitioner has
not working in that College and found any
sanctioning order which issued from the competent
authority to allow the petitioner to participate the
said course. So the Petitioners argument to count
his service from 28.07.1969 to 05.03.1970 as duty
for all purpose will not sustained.
3. The manager is the leave sanctioning
authority in respect of private aided college staffs.
The Manager has marked the service book of the
Petitioner that his leave without allowance from
16.09.1975 to 12.11.1978, 01.06.1981 to
29.03.1983, 01.06.1983 to 30.06.1984, 03.06.1985
to 02.07.1989 and for one year from 19.09.1989 will
not reckon for any service benefits including non
cadre promotion and pension. After excluding this
LWA period the Petitioner has get only 12 years
qualifying service. So the Petitioner will not eligible
W.P.(C) NO.3762 OF 2015
to get voluntary retirement. In this regard
Petitioner's VRS application has returned from this
office to Mar Thoma College Thiruvalla."
3. In the light of the above and also in the light of the
dictum laid down by this Court in M.M.Thomas case (supra),
nothing survives in this case. Therefore, this writ petition is
dismissed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P.(C) NO.3762 OF 2015
APPENDIX OF WP(C) 3762/2015
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE G O DTD 31/5/1983
EXHIBIT P2 TRUE COPY OF DIPLOMA CERTIFICATE AWARDED
TO THE PETITIONER BY THE UNIVERSITY OF
LEEEDS
EXHIBIT P3 TRUE COPY OF MA DEGREE CERTIFICATE
AWARDED TO THE PETITINER BY THE
UNIVERSITY OF LEEDS
EXHIBIT P4 TRUE COPY OF THE SERVICE BOOK OF THE
PETITIONER
EXHIBIT P5 TRUE COPY OF GO DTD 14/6/1985
EXHIBIT P6 TRUE COPY OF THE LETTER DTD 6/5/1987
ISSUED BY THE GOVERNMENT
EXHIBIT P7 TRUE COPY OF THE ORDER DTD 3/11/95 ISSUED
BY THE 3RD RESPONDENT
EXHIBIT P8 TRUE COPY OF THE RESPRESENTATION FILED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P9 TRUE COPY OF THE ORDER DTD 14/5/2014
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DTD 20/6/1995
IN OP NO 7378/1993 OF THIS HON'BLE COURT
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DTD 15/10/2008
IN WA NO 1287/2005 OF THIS HON'BLE COURT
EXHIBIT P12 TRUE COPY OF THE REFERENCE ORDER DTD
7/9/2012 IN WA NO 1719/2011 OF THIS
HON'BLE COURT
