[Cites 0, Cited by 0]
Kerala High Court
Dr.Sreeja Rajmohan vs State Of Kerala Represented By ... on 8 December, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:94403
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 8TH DAY OF DECEMBER 2025 / 17TH AGRAHAYANA, 1947
WP(C) NO. 22437 OF 2025
PETITIONER:
DR.SREEJA RAJMOHAN
AGED 58 YEARS
ANUGRAH,5/2429,U.K.SANKUNNY ROAD,
KOZHIKODE, PIN - 673001
BY ADVS.
SHRI.A.C.KURIAKOSE
SRI.K.G.SARATHKUMAR
SMT.SANDRA SUSAN KURIAKOSE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO
GOVERNMENT
AGRICULTURE DEPARTMENT, VIKASBHAVAN,
THIRUVANANTHAPURAM., PIN - 695033
2 KERALA AGRICULTURAL UNIVERSITY (KAU),
REPRESENTED BY REGISTRAR/PENSION SANCTIONING AUTHORITY
KERALA AGRICULTURAL UNIVERSITY,
VELLANIKARA, THRISSUR,, PIN - 680656
3 THE EXECUTIVE COMMITTEE, REPRESENTED BY ITS EX-OFFICIO
CHAIRMAN/ VICE CHANCELLOR
KERALA AGRICULTURAL UNIVERSITY,
THRISSUR, PIN - 680656
2025:KER:94403
W.P.(C) No.22437/2025
:2:
BY ADV
SHRI.M.V.ANANDAN
SMT. SONY K.B. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.12.2025, THE COURT ON 08.12.2025
DELIVERED THE FOLLOWING:
2025:KER:94403
W.P.(C) No.22437/2025
:3:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.22437 of 2025
`````````````````````````````````````````````````````````````
Dated this the 8th day of December, 2025
JUDGMENT
~~~~~~~~~
The petitioner, who was working as
Assistant Professor (Dairy Science) of Kerala Agricultural
University, Vellayinikkara, Thrissur, seeks to quash Exts.P8
and P17 and to declare that the petitioner is entitled for grant
of compassionate allowance as provided under Rule 5 Part III
KSR with effect from 01.03.2015.
2. The petitioner states that she worked as
Assistant Professor (Dairy Science) since 02.12.1988. She
was due to retire on 13.01.2025. In the year 2000, the
petitioner was afflicted with the mental illness Schizophrenia.
2025:KER:94403
The illness affected the duties assigned to the petitioner. Her
family advised her to join her spouse abroad for better
treatment. The petitioner therefore went to United Kingdom.
3. Leave Without Allowance (LWA) was
granted to the petitioner for the period from 01.03.2005 to
28.02.2015. The petitioner sought extension of leave for a
further period from 01.03.2015. The 2nd respondent, as per
Ext.P2 communication dated 17.05.2019, rejected the request
of the petitioner and directed the petitioner to rejoin duty. The
petitioner was suffering from Schizophrenia even at that time.
The petitioner therefore applied for retirement from service.
The application was, however, rejected by the 2nd respondent
as per Ext.P3.
4. The 2nd respondent surprisingly issued
Ext.P4 memo of charges and statement of allegations. The
petitioner submitted Ext.P5 reply seeking to consider the
request for voluntary retirement on health grounds with invalid
pensionary benefits. The 2nd respondent, however,
2025:KER:94403
constituted an enquiry committee. The enquiry committee
conducted a Zoom meeting with the petitioner on 15.03.2022.
The committee submitted Ext.P7 report recommending to
consider the request of the petitioner for invalid pension on
health grounds. The committee, however, reported to
continue disciplinary action against the petitioner.
5. The petitioner states that the 2nd respondent,
without considering the request for invalid pension, arbitrarily
removed the petitioner from service with effect from
28.02.2015, as per Ext.P8 order. The petitioner submitted
Ext.P8 representation to the 2nd respondent. The 2nd
respondent turned down the request of the petitioner for
invalid pension as per Ext.P9 dated 19.04.2023. The
petitioner thereafter sent Ext.P10 representation to the 1st
respondent. The 1st respondent, without giving an opportunity
of hearing to the petitioner, rejected Ext.P10 by Ext.P11 order
dated 28.11.2023. The petitioner thereafter filed W.P.(C)
No.6729/2024. This Court directed the 2nd respondent, as per
2025:KER:94403
Ext.P14 judgment dated 28.05.2024, to consider the claim of
the petitioner for invalid pension. The 2nd respondent did not
entertain the claim of the petitioner and passed Ext.P17 order
dated 23.09.2024.
6. The petitioner states that Exts.P8 and P17
orders are illegal and unsustainable. The 2nd respondent,
before terminating the service of the petitioner, ought to have
considered the recommendations of the enquiry committee
for sanction of invalid pension an should have directed the
petitioner to undergo medical examination for ascertaining
mental incapacity for sanction of invalid pension under Rule
42 Part III KSR. Even if the removal of the petitioner from
service is acceptable, the 2nd respondent ought to have
granted compassionate allowance to the petitioner under
Rule 5 Part III KSR without waiting for a formal application
from the petitioner.
7. Respondents 2 and 3 opposed the writ
petition. Respondents 2 and 3 submitted that the petitioner
2025:KER:94403
requested for extension of LWA on 11.03.2019 which was
four years late. The request was rejected as per Ext.R2(a)
letter dated 17.05.2019. In reply to Ext.R2(a) letter, the
petitioner reported that she is not in a position to rejoin duty
as she had entered into a contract to serve civil service in
U.K. until the retirement age.
8. The petitioner applied for voluntary
retirement from University service. It was rejected on the
grounds of insufficient qualifying service. As the petitioner did
not rejoin duty and as she failed to submit satisfactory
justification for her prolonged absent, the University was
forced to initiate disciplinary proceedings against the
petitioner. A charge memo was issued. For the first time, the
petitioner disclosed that she had been suffering from
psychosis. The petitioner disobeyed the order of the
University for rejoining service and remained absent from
duty unauthorisedly without obtaining leave for a long spell of
four years. The writ petition is therefore without any merit.
2025:KER:94403
9. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing the
1st respondent and the learned Standing Counsel appearing
for respondents 2 and 3.
10. The petitioner applied for LWA and LWA
was granted to the petitioner for the period from 01.03.2005
to 28.02.2015. The petitioner sought extension of leave only
on 06.04.2015 for a further period of five years from
01.03.2015. The application was rejected on 17.05.2023 and
the petitioner was directed to rejoin service. The petitioner
would contend that owing to her mental illness, she applied
for retirement from service which was declined as per Ext.P3
order dated 07.09.2019.
11. The petitioner contends that by the
termination of her service, she was prevented from claiming
the benefits of invalid pension under Rule 42 Part III KSR. It
is to be noted that the petitioner's sanctioned leave expired as
early on 28.02.2015. Thereafter, in spite of instructions, the
2025:KER:94403
petitioner did not rejoin duty. The petitioner did not report any
mental illness at that point of time.
12. When the petitioner was required to rejoin
duty as per Ext.R2(a) letter dated 17.05.2019, the petitioner
reported that she was not in a position to rejoin duty as she
had entered into a contract to serve civil service in U.K. until
retirement. The petitioner applied for voluntary retirement
from University service only thereafter. From 28.02.2015 till
17.05.2019, the petitioner did not deem it necessary to take
voluntary retirement. It is only when a charge memo was
issued that the petitioner sought voluntary retirement.
13. Respondents 2 and 3 would assert that the
petitioner, in more than one instance, during May, 2019 and
September, 2021, had appraised the University about her
employment status in UK. It would only show that the
petitioner was in her senses and she was not interested to
serve the University and she has been holding another gainful
employment abroad.
2025:KER:94403
In the afore circumstances, the respondents
are justified in declining invalid pension benefits to the
petitioner. The writ petition is without any merit and it is
hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/01.12.2025
2025:KER:94403
APPENDIX OF WP(C) NO. 22437 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPIES OF MEDICAL REPORTS
DT.09.01.2023 AND 05.05.2022 OF THE
COMMUNITY MENTAL HEALTH RECOVERY
SERVICES, NORTH EAST HANTS, UNITED
KINGDOM FROM 01/01/2000
Exhibit P2 TRUE COPY OF THE COMMUNICATION OF THE
2ND RESPONDENT NO.GA/C1/9565/13
DT.17/05/2019, DIRECTING THE
PETITIONER TO REJOIN SERVICE WITH
ENGLISH TRANSLATION
Exhibit P3 TRUE COPY OF THE COMMUNICATION OF THE
2ND RESPONDENT NO.GA/C1/4676/2019
DT.07/09/2019 REJECTING THE REQUEST
DT. 14/06/2009 FOR PENSION WITH
ENGLISH TRANSLATION
Exhibit P4 TRUE COPIES OF MEMO OF CHARGES &
STATEMENT OF ALLEGATIONS OF THE 2ND
RESPONDENT NO.GA/L3/12711/2021
DT.20/09/2021
Exhibit P5 TRUE COPY OF THE REPRESENTATION
DT.26/09/2021 SEEKING PERMISSION TO
CLAIM FOR PENSION ON HEALTH GROUNDS
Exhibit P6 TRUE COPY OF THE CERTIFICATE
DT.13/12/2021 CERTIFYING UNFIT TO
WORKFOR THE PERIOD 30/11/2021 TO
28/02/2022
Exhibit P7 TRUE COPY OF THE REPORT OF THE ENQUIRY
COMMITTEE CHAIRMAN & COMPTROLLER KAU.
Exhibit P8 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT NO. GA/L3/12711/21
DT.30/01/2023 TERMINATING FROM SERVICE
Exhibit P9 TRUE COPY OF THE COMMUNICATION OF THE
2ND RESPONDENT NO. GA/L3/12711/2021
DT.19/04/2023 REJECTING THE REQUEST
FOR INVALID PENSION.
Exhibit P10 TRUE COPY OF REPRESENTATION
DT.10/07/2023 SUBMITTED BEFORE THE 2ND
RESPONDENT TO REVIEW THE ORDER
DT.30/01/2023 AND FOR SANCTION OF
2025:KER:94403
INVALID PENSION.
Exhibit P11 TRUE COPY OF THE LETTER OF THE 1ST
RESPONDENT NO.AF2/247/2023/AGRI.
DT.28/11/2023
Exhibit P12 TRUE COPY OF THE COVERING LETTER
DT.09/01/2024 SUBMITTING PENSION BOOK
AND PAPERS WITH ENGLISH TRANSLATION
Exhibit P13 TRUE COPY OF THE LETTER
NO.KAUFIN/3369/2024FINPENB3 DT.
15/04/2024, DECLINING THE PENSION
APPLICATION WITH ENGLISH TRANSLATION
Exhibit P14 TRUE COPY OF THE JUDGEMENT
DT.28/05/2024 IN WP(C) NO. 6729 OF
Exhibit P15 TRUE COPY OF THE RELEVANT PAGE OF THE
EMAIL REQUEST DT.3/7/2024 FOR LEGAL
REPRESENTATION IN THE HEARING ON
05/07/2024
Exhibit P16 TRUE COPY OF THE COMMUNICATION
DT.18/07/2024 NO.KAUGA2077/2024-GA-LB2
REJECTING THE LEGAL PARTICIPATION WITH
ENGLISH TRANSLATION
Exhibit P17 TRUE COPY OF THE ORDER
NO.KAUGA/2977/2024-GA-LB2
DT.23/09/2024 OF 2ND RESPONDENT NOT
ENTERTAINING THE CLAIM FOR INVALID
PENSION.
RESPONDENT'S EXHIBITS
Exhibit R2 (a) True copy of Letter No.GA/C1/9565/2013
dated 17.5.2019 along with translation
Exhibit R2 (b) True copy of the minutes of 575th
Executive Committee meeting held on
23.01.2019 along with translation.
Exhibit R2 (c) True copy of the University order No.
GA/L3/12711/21 dated 30.01.2023
Exhibit R2 (d) True copy of the letter dated
22.02.2023 from Dr. Sreeja Rajmohan
Exhibit R2 (e) True copy of the relevant portion of
Rule 42 (1) of KSR Part Ill
Exhibit R2 (f) True copy of the University order No.
KAUGA/2077/2024-GA-L82 dated
2025:KER:94403
23.09.2024
Exhibit R2 (g) True copy of the enquiry report
Exhibit R2 (h) True copy of the notice No.
GA/L3/12711/21 dated 06.10.2022
Exhibit R2 (i) True copy of the relevant portion of
Rule 34 ofKAU Statute SRO 293/72
