State Of Kerala vs Suresh Babu P (Retired)
2024 Latest Caselaw 12901 Ker

Kerala High Court

State Of Kerala vs Suresh Babu P (Retired) on 22 May, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
              THE HONOURABLE MR. JUSTICE S.MANU
 WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                     WA NO. 508 OF 2024
AGAINST THE JUDGMENT DATED 21.11.2023 IN WP(C) NO.41761
OF 2022 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1,2,3 AND 5 IN WPC:

    1     STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
          GOVERNMENT, FINANACE (PENSION-B) DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
          001.

    2     ACCOUNTANT GENERAL (A & E), OFFICE OF THE
          PRINCIPAL ACCOUNTANT GENERAL (A & E), KERALA,
          THIRUVANANTHAPURAM-695039., PIN - 695 039

    3     REGIONAL DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF
          EDUCATION, HIGHER SECONDARY DEPARTMENT,
          PAYYAMBALAM, KANNUR DISTRICT-670003., PIN - 670
          003

    4     SUB-TREASURY OFFICER, OFFICE OF THE SUB-
          TREASURY, PANOOR, KANNUR DISTRICT-670 692.

          BY ADVS.
          GOVERNMENT PLEADER
          PUBLIC PROSECUTOR



RESPONDENTS/PETITIONER AND 4TH RESPONDENT IN WPC:

    1      SURESH BABU P (RETIRED), AGED 61 YEARS
           S/O. BALAN KP, H.S.S.T (HISTORY) RETIRED,
           PADIKKALAKKANDIYIL HOUSE, THUVAKKUNNU POST,
           KOLAVALLOOR, KANNUR DISTRICT-670 693.

    2      PRINCIPAL, KKV MEMORIAL PANOOR HIGHER SECONDARY
           SCHOOL, PANOOR, KANNUR DISTRICT-670692., PIN -
 W.A.No.508 of 2024

                                   ..2..




           670 692

           P.R. BABU   SPL.    GP          FINANCE


      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
22.05.2024,    THE   COURT    ON    THE      SAME    DAY   DELIVERED   THE
FOLLOWING:
 W.A.No.508 of 2024

                             ..3..




                     JUDGMENT

A. Muhamed Mustaque, J.

The issue in this matter is covered against the appellant-

State by Exts.P2 and P3 judgments of this Court. The State

appears to have moved SLP before the Apex Court and the

Apex Court dismissed the same. Thereafter, by an order, the

Government clarified that the entitlement based on the

judgments would be applicable only from the date of the

dismissal order of the Apex Court and only those persons are

entitled to claim benefit of Exts.P2 and P3 judgments after the

dismissal of the SLP.

2. A substratum of the judgment cannot be whittle

down by a Government Order. No doubt, the plenary power of

legislation is available to change the very foundation of the

judgment but not by way of a Government Order.

Having said so, we find that this is a matter having

governed by previous precedent. The question that was

considered is whether the additional day for the leap year has

..4..

to be added for reckoning qualifying service for the

pensionary benefits. That has been answered in favour of the

Government servants. As already noted, the binding

judgment would stare at the State and the State cannot now

reopen such issue through a Government Order. Therefore,

we dismiss this appeal in limine. But nevertheless, we

observe that nothing prevents the State from resorting to the

plenary power of legislation to change the foundation of law

laid down.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

S.MANU JUDGE PR