Kerala High Court
Lucy K.Mathew vs State Of Kerala on 10 January, 2025
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W.P.(C) Nos. 24174 of 2019, 35774 of 2018 & 11459 of 2019
2025:KER:1790
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 10TH DAY OF JANUARY 2025 / 20TH POUSHA, 1946
WP(C) NO. 24174 OF 2019
PETITIONER:
LUCY K.MATHEW
AGED 57 YEARS, HIGHER SECONDARY SCHOOL
TEACHER (RETIRED), ST.JOSEPH'S HIGHER
SECONDARY SCHOOL, KARIMANNOOR, IDUKKI DISTRICT,
RESIDING AT PARATHAZHAM HOUSE, KARUMANNOOR P.O.,
THODUPUZHA TALUK, IDUKKI DISTRICT, PIN-685 581.
BY ADV.
SRI.PAULSON THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, KOTTAYAM,
PIN-686 001.
BY ADV.
SRI.E.G.GORDEN,SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.01.2025, ALONG WITH WP(C).11459/2019, 35774/2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) Nos. 24174 of 2019, 35774 of 2018 & 11459 of 2019
2025:KER:1790
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 10TH DAY OF JANUARY 2025 / 20TH POUSHA, 1946
WP(C) NO. 35774 OF 2018
PETITIONER:
THRESIA K.M.,
AGED 57 YEARS, W/O. THOMAS,
HEADMISTRESS (RETIRED), ST. THOMAS U.P.
SCHOOL, PAINKULAM, THODUPUZHA, IDUKKI DISTRICT,
RESIDING AT PARAYIL HOUSE, EDAVETTY P.O.,
THODUPUZHA TALUK, IDUKKI DISTRICT - 685 588.
BY ADV.
SRI.PAULSON THOMAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DEPUTY DIRECTOR OF EDUCATION,
IDUKKI DISTRICT, OFFICE OF THE DEPUTY
DIRECTOR OF EDUCATION, THODUPUZHA, PIN-685 588.
3 ASSISTANT EDUCATIONAL OFFICER,
THODUPUZHA, PIN-685 588.
4 ACCOUNTANT GENERAL,
A & E, THIRUVANANTHAPURAM, PIN-695 001.
BY ADV.
SRI.E.G.GORDEN - SR.GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.01.2025, ALONG WITH WP(C).24174/2019 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) Nos. 24174 of 2019, 35774 of 2018 & 11459 of 2019
2025:KER:1790
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 10TH DAY OF JANUARY 2025 / 20TH POUSHA, 1946
WP(C) NO. 11459 OF 2019
PETITIONER:
LISSYAMMA MATHEW
AGED 56 YEARS, W/O.JAMES BENEDICT,
PHYSICAL EDUCATION TEACHER (RETIRED),
SREE NARAYANA HIGHER SECONDARY SCHOOL,
NORTH PARAVOOR, RESIDING AT MUNDANATTU HOUSE,
PADAMADAM ROAD, OPP. SREE NARAYANA SAUHRADA
SANGHAM, NORTH PARAVOOR P.O.,
ERNAKULAM DISTRICT, PIN- 683513.
BY ADV.
SRI.PAULSON THOMAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 695001.
2 DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM DISTRICT- 682024.
3 DISTRICT EDUCATIONAL OFFICER,
ALUVA- 683001.
4 ACCOUNTANT GENERAL,
A & E, THIRUVANANTHAPURAM,
PIN- 695001.
BY ADV.
SRI.E.G.GORDEN - SR.GP.
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W.P.(C) Nos. 24174 of 2019, 35774 of 2018 & 11459 of 2019
2025:KER:1790
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.01.2025, ALONG WITH WP(C).24174/2019 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
5
W.P.(C) Nos. 24174 of 2019, 35774 of 2018 & 11459 of 2019
2025:KER:1790
HARISANKAR V. MENON, J.
------------------------------
W.P.(C) Nos.24174 of 2019, 35774 of 2018
& 11459 of 2019
------------------------------
Dated this the 10th day of January, 2025
JUDGMENT
The petitioners in these writ petitions claim that their
broken period of service, prior to their entry in the regular
service of the Government, also should be reckoned for the
purpose of calculating the pension.
2. For ease of reference, the facts with respect to
W.P.(C) No.11459 of 2019 are being adopted.
The petitioner in this writ petition claims to have retired
from the service with effect from 31.05.2018, and prior to her
commencement of regular service, she points out that she had
various broken periods of service, totalling to 13 years 7 months
and 12 days. However, while fixing the pension, as evidenced
by Ext.P1, the afore period of 13 years 7 months and 12 days
was not reckoned, presumably with reference to the
Government Order at Ext.P2, which provided so. Exts.P3 and
P4 are also similarly worded as Ext.P2.
W.P.(C) Nos. 24174 of 2019, 35774 of 2018 & 11459 of 2019
2025:KER:1790
3. This Court notices that the Government Order at
Ext.P2 was the subject matter of challenge before this Court in
Sabu Mathew and Others v. State of Kerala and Others
[2017 (4) KLT 501], and a learned Single Judge of this Court
has accepted the challenge raised, setting aside the
Government Order. The appeal filed at the instance of the State
against the afore judgment stood rejected by a Division Bench
of this Court in State of Kerala and Others v. Sabu Mathew
and Others [2019 (3) KLT 606].
4. On the afore basis, prima facie, the claim raised by
the petitioner appears to be admissible.
5. However, Sri.E.G.Gorden, the learned Senior
Government Pleader, relies on the provisions of Rule 4 of Part
III of the Kerala Service Rules (KSR) to contend that the afore
period cannot be claimed by the petitioner for pensionary
benefits. But, on a reading of the afore provision, I am of the
opinion that the same applies only as regards a claim for
pension solely on the basis of the service rendered by an
employee in various broken periods. However, Sri.Paulson
Thomas, the learned counsel for the petitioners, invites the
W.P.(C) Nos. 24174 of 2019, 35774 of 2018 & 11459 of 2019
2025:KER:1790
attention of this Court to the fact that the petitioner was not
claiming any benefits with reference to the provisions of Rule 4
as above. Instead, he invites the attention of this Court, quite
correctly, to the provisions of Rule 14E of Part III of KSR, and
on the basis of the afore, I am of the opinion that the petitioner
is entitled to the benefits. Though the learned Senior
Government Pleader also referred to the subsequent
amendment to Rule 14E, pursuant to SRO No.572 of 2018 dated
10.08.2018, I notice that no retrospective operation was
extended by the afore amendment. Instead, the afore
amendment specifically laid down that the same would be
prospective in operation.
6. I also notice that there is a slight difference with
respect to the petitioner in W.P.(C) No.24174 of 2019. Here,
admittedly, the petitioner was to superannuate on completion
of 56 years on 31.07.2018. However, by virtue of the various
provisions of the KSR, she could continue till the end of the
academic year - 31.03.2019. But, though the afore date is after
the amendment carried out by SRO No.572 of 2018, I am of the
opinion that since the afore service after 31.07.2018 is not
W.P.(C) Nos. 24174 of 2019, 35774 of 2018 & 11459 of 2019
2025:KER:1790
entitling the petitioner for any further benefits, the petitioner is
not to be denied the benefit of the broken period service, with
reference to the subsequent amendment as noticed.
7. In such circumstances, I am of the opinion that the
petitioners in these writ petitions are entitled to succeed.
Therefore, these writ petitions would stand allowed,
directing the respondents to recalculate the pensionary benefits
of the petitioners in accordance with the afore, within a period
of six weeks from the date of receipt of a copy of this judgment.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
W.P.(C) Nos. 24174 of 2019, 35774 of 2018 & 11459 of 2019
2025:KER:1790
APPENDIX OF WP(C) 24174/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE VERIFICATION REPORT OF
THE PETITIONER DATED 13.02.2019.
EXHIBIT P2 TRUE COPY OF GO(P)NO.66/2016/FIN DATED
09.05.2016.
EXHIBIT P3 TRUE COPY OF GO(P)NO.113/2016/FIN DATED
05.08.2016.
EXHIBIT P4 TRUE COPY OF GO(P)NO.21/2018/FIN DATED
16.02.2018.
EXHIBIT P5 TRUE COPY OF GO(P)NO.47/2018 DATED
21.03.2018.
EXHIBIT P6 TRUE COPY OF THE AMENDMENT OF RULES IN
PART III KSR DATED 10.08.2018.
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL
NO.1785 /2018 DATED 4.7.2019.
W.P.(C) Nos. 24174 of 2019, 35774 of 2018 & 11459 of 2019
2025:KER:1790
APPENDIX OF WP(C) 35774/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE
PENSION BOOK OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE VERIFICATION REPORT OF
THE PETITIONER DATED 05.07.2007.
EXHIBIT P3 TRUE COPY OF G.O.(P)NO.66/2016/FIN. DATED
09.05.2016.
EXHIBIT P4 TRUE COPY OF G.O.(P)NO.113/2016/FIN.
DATED 05.08.2016.
EXHIBIT P5 TRUE COPY OF G.O.(P)NO.21/2018/FIN. DATED
16.02.2018.
EXHIBIT P6 TRUE COPY OF G.O.(P)NO.47/2018 DATED
21.03.2018.
W.P.(C) Nos. 24174 of 2019, 35774 of 2018 & 11459 of 2019
2025:KER:1790
APPENDIX OF WP(C) 11459/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE VERIFICATION REPORT OF
THE PETITIONER DATED 10.04.2018.
EXHIBIT P2 TRUE COPY OF G.O.(P)NO.66/2016/FIN. DATED
09.05.2016.
EXHIBIT P3 TRUE COPY OF G.O.(P)NO.113/2016/FIN.
DATED 05.08.2016.
EXHIBIT P4 TRUE COPY OF G.O.(P)NO.21/2018/FIN. DATED
16.02.2018.
EXHIBIT P5 TRUE COPY OF G.O.(P)NO.47/2018 DATED
21.03.2018.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION SRO
572/2018 DATED 10.08.2018.
