Kerala High Court
Sreepriya.A vs State Of Kerala on 6 March, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 39502 OF 2023
PETITIONERS:
1 DHANYA.K.P, AGED 38 YEARS
HIGHER SECONDARY SCHOOL TEACHER - JUNIOR
(COMPUTER APPLICATION),
PVS HIGHER SECONDARY SCHOOL,
ERANHIKAL, KOZHIKODE DISTRICT, PIN - 673317
2 LIMA.R, AGED 41 YEARS
HIGHER SECONDARY SCHOOL TEACHER - JUNIOR (BOTANY),
PVS HIGHER SECONDARY SCHOOL,
ERANHIKAL,
KOZHIKODE DISTRICT, PIN - 673317
3 DEEPA.K, AGED 43 YEARS
HIGHER SECONDARY SCHOOL TEACHER - JUNIOR (ZOOLOGY),
PVS HIGHER SECONDARY SCHOOL,
ERANHIKAL,
KOZHIKODE DISTRICT, PIN - 673317
4 SOUMYA S, AGED 39 YEARS
HIGHER SECONDARY SCHOOL TEACHER - JUNIOR
(MATHEMATICS), PVS HIGHER SECONDARY SCHOOL,
ERANHIKAL, KOZHIKODE DISTRICT, PIN - 673317
5 SREENA.K.K, AGED 45 YEARS
HIGHER SECONDARY SCHOOL TEACHER - JUNIOR (ECONOMICS),
PVS HIGHER SECONDARY SCHOOL, ERANHIKAL,
KOZHIKODE DISTRICT, PIN - 673317
6 APARNA.M.C, AGED 41 YEARS
HIGHER SECONDARY SCHOOL TEACHER - JUNIOR (ENGLISH),
PVS HIGHER SECONDARY SCHOOL,
ERANHIKAL,
KOZHIKODE DISTRICT, PIN - 673317
7 SREEVANDANA.U, AGED 44 YEARS
HIGHER SECONDARY SCHOOL TEACHER - JUNIOR (CHEMISTRY),
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WP(C)Nos.39502 & 41331 of 2023
PVS HIGHER SECONDARY SCHOOL, ERANHIKAL,
KOZHIKODE DISTRICT, PIN - 673317
8 SUJESH.M.K, AGED 46 YEARS
HIGHER SECONDARY SCHOOL TEACHER - JUNIOR (MALAYALAM),
PVS HIGHER SECONDARY SCHOOL,
ERANHIKAL,
KOZHIKODE DISTRICT, PIN - 673317
9 RIJU.M.K, AGED 44 YEARS
HIGHER SECONDARY SCHOOL TEACHER - JUNIOR (PHYSICS),
PVS HIGHER SECONDARY SCHOOL, ERANHIKAL,
KOZHIKODE DISTRICT, PIN - 673317
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
N.S.SHAMILA
CHINJU P. JOYIES
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,
JAGATHI, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
5 REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION,
THEKEPURAM, KUTTICHIRA,
-3-
WP(C)Nos.39502 & 41331 of 2023
KOZHIKODE, PIN - 673001
6 STATE NODAL OFFICER,
NATIONAL PENSION SYSTEM, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
SMT SAROJINI KG, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH WP(C).41331/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
-4-
WP(C)Nos.39502 & 41331 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 41331 OF 2023
PETITIONER:
SREEPRIYA.A, AGED 43 YEARS
HIGHER SECONDARY SCHOOL TEACHER (COMMERCE),
PVS HIGHER SECONDARY SCHOOL, ERANHIKAL,
KOZHIKODE DISTRICT, PIN - 673317
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENT/S:
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,
JAGATHI, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
5 REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, THEKEPURAM,
-5-
WP(C)Nos.39502 & 41331 of 2023
KUTTICHIRA, KOZHIKODE, PIN - 673001
6 STATE NODAL OFFICER,
NATIONAL PENSION SYSTEM, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
SRI.PREMCHAND R NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, ALONG WITH WP(C).39502/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
-6-
WP(C)Nos.39502 & 41331 of 2023
MOHAMMED NIAS C.P., J.
---------------------
WP(C)Nos.39502 & 41331 of 2023
---------------------------
Dated this the 6th day of March, 2024
JUDGMENT
Both these writ petitions are filed seeking a direction to the respondents
to include the petitioners in the Statutory Pension Scheme in terms of Part III
KSR instead of the National Pension Scheme and also for a direction to the
respondents to refund the Pension contribution deducted from their salary
towards the National Pension Scheme, along with accrued interest.
Both sides submit that orders have already been passed, including the
petitioners in the Statutory Pension Scheme and steps are also initiated for
disbursing the contributory pension remitted by the petitioners.
Accordingly, there will be a direction to the respondents to refund the
contributory pension recovered from the petitioners within four months from
the date of receipt of a copy of this judgment.
The writ petitions are disposed of accordingly.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/6.3.2024
WP(C)Nos.39502 & 41331 of 2023
APPENDIX OF WP(C) 41331/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 A COPY OF THE APPROVAL ORDER
NO.A4/1713/2014/KDIS DATED 21.02.2014 APPROVING
THE APPOINTMENT OF THE PETITIONER
EXHIBIT P2 A COPY OF THE APPROVAL ORDER
NO.A2/8167/2019/K.DIS DATED 16.10.2019 APPROVING
THE APPOINTMENT OF THE PETITIONER
EXHIBIT P3 A COPY OF THE ORDER DATED 27.09.2019 BY
INCLUDING EIGHT TEACHERS IN STATUARY PENSION
EXHIBIT P4 A COPY OF THE JUDGMENT DATED 16.08.2022 IN WPC
EXHIBIT P5 A COPY OF THE JUDGMENT DATED DATED 09.02.2023 IN
EXHIBIT P6 A COPY OF ORDER NO.RDDHSE/KKD/5205/2023-SR.CLK
(A4) DATED 05.02.2024
WP(C)Nos.39502 & 41331 of 2023
APPENDIX OF WP(C) 39502/2023
PETITIONERS EXHIBITS
EXHIBIT P1 A COPY OF THE APPROVAL ORDER
NO.A5/10435/2013/KDIS DATED 18.12.2013
APPROVING THE APPOINTMENT OF THE 1ST PETITIONER
EXHIBIT P2 A COPY OF THE APPROVAL ORDER
NO.A5/104285/2013/KDIS DATED 18.12.2013
APPROVING THE APPOINTMENT OF THE 2 ND
PETITIONER
EXHIBIT P3 A COPY OF THE APPROVAL ORDER
NO.A5/10432/2013/KDIS DATED 18.12.2013
APPROVING THE APPOINTMENT OF THE 3RD PETITIONER
EXHIBIT P4 A COPY OF THE APPROVAL ORDER
NO.A5/10436/2013/KDIS DATED 18.12.2013
APPROVING THE APPOINTMENT OF THE 4TH PETITIONER
EXHIBIT P5 A COPY OF THE APPROVAL ORDER
NO.A5/10437/2013/KDIS DATED 18.12.2013
APPROVING THE APPOINTMENT OF THE 5TH PETITIONER
EXHIBIT P6 A COPY OF THE APPROVAL ORDER
NO.A5/10429/2013/KDIS DATED 18.12.2013
APPROVING THE APPOINTMENT OF THE 6TH PETITIONER
EXHIBIT P7 A COPY OF THE APPROVAL ORDER
NO.A5/10433/13/KDIS DATED 11.11.2013 APPROVING
THE APPOINTMENT OF THE 7TH PETITIONER
EXHIBIT P8 A COPY OF THE APPROVAL ORDER
NO.A5/10431/13/KDIS DATED 11.11.2013 APPROVING
THE APPOINTMENT OF THE 8TH PETITIONER
EXHIBIT P9 A COPY OF THE APPROVAL ORDER
NO.A4/1712/2014/KDIS DATED 21.02.2014 APPROVING
THE APPOINTMENT OF THE 9TH PETITIONER
EXHIBIT P10 A COPY OF THE APPROVAL ORDER
NO.A2/8167/2019/K.DIS DATED 16.10.2019
WP(C)Nos.39502 & 41331 of 2023
APPROVING THE APPOINTMENT OF THE PETITIONERS
EXHIBIT P11 A COPY OF THE ORDER DATED 27.09.2019 BY
INCLUDING EIGHT TEACHERS IN STATUARY PENSION
EXHIBIT P12 A COPY OF THE JUDGMENT DATED 16.08.2022 IN WPC
EXHIBIT P13 COPY OF THE JUDGMENT DATED DATED 09.02.2023 IN
EXHIBIT P14 A COPY OF GO(RT) NO.1527/2024/GEDN DATED
24.02.2024
