Meyamma Peter vs State Of Kerala
2024 Latest Caselaw 6275 Ker

Kerala High Court

Meyamma Peter vs State Of Kerala on 29 February, 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 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
                      WP(C) NO. 27897 OF 2015


PETITIONER/S:

             MEYAMMA PETER
             AGED 65 YEARS
             VETTIKKATTU HOUSE, K.M.V.ROAD, KOTTAYAM-1.
             BY ADVS.
             SRI.T.SANJAY
             SRI.M.R.JAYAPRASAD
             SMT.C.N.NOORUL HIDAYA

RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM-695001.
     2       THE DIRECTOR OF COLLEGIATE EDUCATION
             GOVERNMENT OF KERALA, VIKAS BHAVAN,
             THIRUVANANTHAPURAM-695001.
     3       THE PRINCIPAL
             BISHOP CHULAPARAMBIL MEMORIAL COLLEGE,
             KOTTAYAM, KERALA.
             BY ADVS.SRI.BIJOY CHANDRAN, SR.GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.02.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.27897/2015

                                   2



                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.27897 of 2015
               ----------------------------------------------
            Dated this the 29th day of February, 2024


                             JUDGMENT

This writ petition is filed with following prayers:

i. to declare that the petitioner is entitled for pension and pensionary benefits for her service of 21 years and 10 months in B C M College in the light of the judgment reported in 2014 (1) KHC 814;

ii. to issue a writ of mandamus or any other appropriate writ, direction or order, directing the 1st respondent to consider and pass orders on Ext.P.5 representation in the light of the judgment reported in 2014 (1) KHC 814;

iii. to issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents to pay pension and other benefits for her service of 21 years and 10 months; iv. to issue such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case.

(SIC)

2. The only prayer in this writ petition is to consider a

representation submitted by the petitioner in the light of the

decision in E.K.Varghese v. State of Kerala [2014 (1) KHC

814]. But now it is conceded by both sides that the above

decision is reversed by the Division Bench of this Court in

State of Kerala and Others v. E.K.Varghese [2016 (1) KHC

35]. If that be the case, the prayers in this writ petition are

infructuous.

Therefore, this writ petition is dismissed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE

APPENDIX OF WP(C) 27897/2015

PETITIONER EXHIBITS EXHIBIT P1- COPY OF THE RESIGNATION LETTER DATED 10-10-1994.

EXHIBIT P2- COPY OF THE LETTER DATED 22-02-1993 ISSUED BY BCM COLLEGE. EXHIBIT P3- COPY OF THE ORDER DATED 19-06-2009.

EXHIBIT P4- COPY OF THE ORDER DATED 17-08-2009.

EXHIBIT P5- COPY OF THE REPRESENTATION DATED 05-06-2015 SENT BY THE PETITIONER TO THE RESPONDENTS.