N Balakrishnan vs State Of Kerala
2025 Latest Caselaw 2983 Ker

Kerala High Court

N Balakrishnan vs State Of Kerala on 28 January, 2025

                                        1

W.P.(C) Nos.3188 of 2019, 5424 of 2019, 25698 of 2019

                                                           2025:KER:6502

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT

           THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                              WP(C) NO. 3188 OF 2019

PETITIONER:

               N BALAKRISHNAN,
               AGED 58 YEARS, S/O.KUMARAN, RETIRED HEADMASTER,
               GOWRIVILASAM U.P.SCHOOL, P.O.CHOVVA, KANNUR
               DISTRICT, RESIDING AT SREYAS, CHALAKUNNU,
               P.O.THOTTADA, KANNUR - 670007.

               BY ADV.
               SRI.K.T.SHYAMKUMAR

RESPONDENTS:

1              STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               FINANCE (PENSION-B) DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695001.
2              THE DIRECTOR OF PUBLIC INSTRUCTIONS,
               JAGATHY, THIRUVANANTHAPURAM-695014.
3              THE DEPUTY DIRECTOR OF EDUCATION,
               KANNUR, PIN-670001.
4              THE ASSISTANT EDUCATIONAL OFFICER,
               KANNUR NORTH, KANNUR DISTRICT, PIN-670001.
5              THE ACCOUNTANT GENERAL (A & E),
               KERALA, THIRUVANANTHAPURAM, PIN-695039.

               BY ADV.
               SRI.T.JAYAN, GP
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W.P.(C) Nos.3188 of 2019, 5424 of 2019, 25698 of 2019

                                                        2025:KER:6502

        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2025, ALONG WITH WP(C).5424/2019, 25698/2019, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
                                         3

W.P.(C) Nos.3188 of 2019, 5424 of 2019, 25698 of 2019

                                                           2025:KER:6502

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT

           THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                              WP(C) NO. 5424 OF 2019

PETITIONER:

               M.V.PRABHAKARAN,
               AGED 59 YEARS, S/O. KUNHIKANNAN,
               RETIRED HEADMASTERE, THANNADA CENTRAL U.P SCHOOL,
               CHALA EAST P.O, KANNUR DISTRICT, RESIDING AT
               PRAJISHANIVAS, KOYYODE P.O, VIA KADACHIRA,
               KANNUR 670 621.

               BY ADVS.
               K.T.SHYAMKUMAR
               SRI.HARISH R. MENON
               SMT.K.N.ABHA
               SRI.A.G.PRASANTH

RESPONDENTS:

1              STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               FINANCE (PENSION-B) DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2              THE DIRECTOR OF PUBLIC INSTRUCTIONS,
               JAGATHY, THIRUVANANTHAPURAM 695 014.
3              THE DEPUTY DIRECTOR OF EDUCATION,
               KANNUR NORTH, KANNUR PIN 670 670 001.
4              THE ASSISTANT EDUCATIONAL OFFICER,
               KANNUR NORTH, KANNUR DISTRICT PIN 670 001.
5              THE ACCOUNTANT GENERAL (A & E), KERALA,
               THIRUVANANTHAPURAM PIN 695 039.

               BY ADV.
               SRI.T.JAYAN, GP.
                                         4

W.P.(C) Nos.3188 of 2019, 5424 of 2019, 25698 of 2019

                                                        2025:KER:6502

        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2025, ALONG WITH WP(C).3188/2019 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                         5

W.P.(C) Nos.3188 of 2019, 5424 of 2019, 25698 of 2019

                                                           2025:KER:6502

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT

           THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946

                             WP(C) NO. 25698 OF 2019

PETITIONER:

               K.RAVINDRAN,
               AGED 61 YEARS, S/O.KUMARAN NAIR K.V.,
               RETIED HEADMASTER, CHERLERI U.P.SCHOOL,
               CHELERI, KANNUR DISTRICT, RESIDING AT CHAITRAM,
               P.O.CHELERI, KANNUR DISTRICT, PIN - 670 605.

               BY ADVS.
               K.T.SHYAMKUMAR
               SRI.HARISH R. MENON
               SMT.K.N.ABHA
               SRI.A.G.PRASANTH

RESPONDENTS:

1              STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               FINANCE (PENSION-B) DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM -695001.
2              THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHY THIRUVANANTHAPURAM - 695 014.
3              THE DEPUTY DIRECTOR OF EDUCATION,
               KANNUR, PIN - 670001.
4              THE ASSISTANT EDUCATIONAL OFFICER,
               TALIPARAMBA SOUTH, KANNUR DISTRICT,
               PIN - 670 602.
5              THE ACCOUNTANT GENERAL (A AND E), KERALA,
               THIRUVANANTHAPURAM, PIN -695 039.

               BY ADV.
               SRI.T.JAYAN, GP.
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W.P.(C) Nos.3188 of 2019, 5424 of 2019, 25698 of 2019

                                                        2025:KER:6502




        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2025, ALONG WITH WP(C).3188/2019 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                         7

W.P.(C) Nos.3188 of 2019, 5424 of 2019, 25698 of 2019

                                                             2025:KER:6502

                    HARISANKAR V. MENON, J.
             ------------------------------
              W.P.(C) Nos.3188 of 2019, 5424 of 2019
                          & 25698 of 2019
             ------------------------------
              Dated this the 28th day of January, 2025

                                       JUDGMENT

These three writ petitions pertain to the benefits claimed by

the petitioners, who retired from service as Headmasters after the

8th pay revision with effect from 01.07.2014. The petitioners in

these writ petitions have admittedly retired from service after the

pay revision as above with effect from 01.07.2014. However, the

pensionary benefits, etc. were not calculated with reference to the

revision pursuant to the afore pay revision, essentially taking the

contention that the petitioners have not received salary with

reference to the revised pay for a period of ten months as stated

in the relevant provisions of the Kerala Education Rules.

2. It is in the afore circumstances that the captioned writ

petitions are filed by the petitioners.

3. For ease of reference, with reference to W.P.(C) No.

3188 of 2019, this Court notices that the petitioner superannuated

on 31.07.2014, and he retired from service on 31.03.2015 (the

last day of the academic year). Since the pay revision had come

W.P.(C) Nos.3188 of 2019, 5424 of 2019, 25698 of 2019

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into existence prior to his superannuation, the petitioner claimed

the afore benefits, which were not extended to him by the

impugned orders.

4. Heard Sri.K.T.Shyamkumar, the learned counsel for the

petitioners and Sri.T.Jayan, the learned Government Pleader.

5. The learned counsel for the petitioners,

Sri.Shyamkumar, would rely on the judgment of this Court in

O.P.(KAT) No.376 of 2022 dated 27.11.2024, wherein a Division

Bench of this Court, with reference to the very same question, has

considered the afore issue and found that, when the pay revision

is being implemented retrospectively, the pay also has to be

worked out retrospectively for the period of ten months and the

pensionary benefits extended.

6. I am of the opinion that the benefits so extended by

the afore judgment of this Court is also to be extended to the

petitioners herein.

In such circumstances, these writ petitions would stand

disposed of as under;

i) The petitioners to file an appropriate

representation with reference to the judgment of

this Court in O.P.(KAT) No.376 of 2022 before the

W.P.(C) Nos.3188 of 2019, 5424 of 2019, 25698 of 2019

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5th respondent herein, providing the facts and

figures, within a period of three weeks from today.

ii) If such an application is being filed by the

petitioners, the 5th respondent herein to consider

the same and apply the dictum of this Court in

O.P.(KAT) No.376 of 2022 and revise the pension

and pensionary benefits of the petitioners, within a

further period of four weeks thereafter.

Sd/-

HARISANKAR V. MENON JUDGE anm

W.P.(C) Nos.3188 of 2019, 5424 of 2019, 25698 of 2019

2025:KER:6502

APPENDIX OF WP(C) 3188/2019

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER AS APPROVED BY THE 4TH RESPONDENT ON 6.7.2011.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 29.6.2011 ISSUED BY THE 4TH RESPONDENT APPROVING THE OPTION EXERCISED BY THE PETITIONER TO COME OVER TO THE SELECTION GRADE AS ON 1.4.2011.

EXHIBIT P3 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE AS APPROVED BY THE 4TH RESPONDENT ON 17.3.2016.

EXHIBIT P4 TRUE COPY OF THE PENSION FIXATION ORDER DATED 30.1.2017 ISSUED BY THE OFFICE OF THE ACCOUNTANT GENERAL.

EXHIBIT P5 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF SMT.PRASEEDA A.P., SANCTIONED BY THE 4TH RESPONDENT ON 17.3.2016.

EXHIBIT P6 TRUE COPY OF THE PENSION FIXATION STATEMENT OF SMT.PRASEEDA A.P. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 4.6.2017 SUBMITTED BY THE PETITIONER. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 14.6.2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE GO(P)NO.159/2017 DATED 27.12.2017 ISSUED BY THE 1ST RESPONDENT.

W.P.(C) Nos.3188 of 2019, 5424 of 2019, 25698 of 2019

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APPENDIX OF WP(C) 5424/2019

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER AS APPROVED BY THE 4TH RESPONDENT ON 12-2-1999.

EXHIBIT P2 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE AS APPROVED BY THE 4TH RESPONDENT ON 16-4-2016 EXHIBIT P3 TRUE COPY OF THE PENSION PAYMENT ORDER DATED 12-5-2015 ISSUED BY THE OFFICE OF THE ACCOUNTANT GENERAL.

EXHIBIT P4 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF SRI.

PRASANTHKUMAR UPPOTHODATHIL SANCTIONED BY THE 4TH RESPONDENT EXHIBIT P5 TRUE COPY OF THE PENSION PAYMENT ORDER OF SRI. PRASANTHKUMAR UPPOTHODATHIL. EXHIBIT P6 TRUE COPY OF THE GO(P) NO. 159/2017 DATED 27-12-2017 ISSUED BY THE 1ST RESPONDENT.

W.P.(C) Nos.3188 of 2019, 5424 of 2019, 25698 of 2019

2025:KER:6502

APPENDIX OF WP(C) 25698/2019

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE PENSION PAYMENT ORDER DATED 16/09/2016 ISSUED BY THE OFFICE OF THE ACCOUNTANT GENERAL.

EXHIBIT P2 TRUE COPY OF THE STATEMENT OF FIXATION OF PENSION AND PENSION SANCTION ORDER OF SMT.E.K.VANAJA.

EXHIBIT P3 TRUE COPY OF THE GO(P) NO.159/2017 DATED 27/12/2017 ISSUED BY THE 1ST RESPONDENT.