Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946 WP(C) NO. 3762 OF 2015 PETITIONER: V.J.THOMAS AGED 69 YEARS RETIRED LECTURER, MARTHOMA COLLEGE THIRUVALLA, VARAMPATH HOUSE, THEEPANY, THIRUVALLA BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH SRI.T.G.SUNIL PRANAVAM RESPONDENTS: 1 STATE OF KERALA REP BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001
2 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM-PIN-695001 3 THE MANAGER MARTHOMA COLLEGE, THIRUVALLA-PIN-689101 BY ADVS. GOVERNMENT PLEADER SRI.SURIN GEORGE IPE OTHER PRESENT: SMT.PRINCY XAVIER, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN --------------------- W.P.(C).No.3762 of 2015 --------------------------- Dated this the 11th day of March, 2024
JUDGMENT
This writ petition is filed with the following prayers:- “i) To issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext. P-9 and quash the same ;
ii) To issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to the endorsement made by the 3rd respondent in Page 19 of the service book of the petitioner holding that the three spells of leave from 16.9.1975 to 12.11.1978, from 1.6.1981 to 29.3.1983 and from 1.6.1983 to 20.6.1984, will not count for service benefits including pension and quash the same ;
iii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 1 and 2 grant pension to the petitioner on his voluntary retirement with effect from 31.12.1995 along with arrears and all consequential benefits; iv) Declare that the petitioner who has more than 20 years of qualifying service prior to his voluntary retirement on 31.12.1995 is entitled to be granted pension; v) Declare that the petitioner is entitled to have the period of leave without allowance availed by him for the 3 spells from 16.9.1975 to 12.11.1978, from 1.6.1981 to 29.3.1983 and from 1.6.1983 to 20.6.1984, as qualifying for counting towards pension; And vi) Issue such other and further reliefs as this
Hon'ble Court may deem fit and proper in the facts
and circumstances of the case.” (SIC)
2. When this writ petition came up for consideration,
the learned Government Submitted that the points raised by the petitioner is covered against the petitioner in State of Kerala and others vs. M.M.Thomas and others (2015
(1) KHC 502). Moreover, the learned Government Pleader also takes me through paragraph 2 and 3 of the counter affidavit filed by the 2nd respondent, which is extracted hereunder:-
“2 It is submitted before the Hon'ble High Court of Kerala that the Petitioner's first appointment as junior Lecturer in Mar Thoma college Thiruvalla on 01.07.1968 and has participated Diploma Course in English conducted by the University of Kerala from 28.07.1969 το 05.03.1970 and acquired the said diploma degree in English. The Petitioner rejoined duty in service only on 13.07.1970 that is 4 months after completion of the Diploma Course. On verification of the service book of the petitioner it is seen that Petitioner has not working in that College and found any sanctioning order which issued from the competent authority to allow the petitioner to participate the said course. So the Petitioners argument to count his service from 28.07.1969 to 05.03.1970 as duty for all purpose will not sustained.
3. The manager is the leave sanctioning
authority in respect of private aided college staffs. The Manager has marked the service book of the Petitioner that his leave without allowance from 16.09.1975 to 12.11.1978, 01.06.1981 to 29.03.1983, 01.06.1983 to 30.06.1984, 03.06.1985 to 02.07.1989 and for one year from 19.09.1989 will not reckon for any service benefits including non cadre promotion and pension. After excluding this LWA period the Petitioner has get only 12 years qualifying service. So the Petitioner will not eligible
to get voluntary retirement. In this regard Petitioner's VRS application has returned from this office to Mar Thoma College Thiruvalla.”
3. In the light of the above and also in the light of the
dictum laid down by this Court in M.M.Thomas case (supra), nothing survives in this case. Therefore, this writ petition is dismissed. Sd/- P.V.KUNHIKRISHNAN JUDGE bng APPENDIX OF WP(C) 3762/2015 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE G O DTD 31/5/1983 EXHIBIT P2 TRUE COPY OF DIPLOMA CERTIFICATE AWARDED TO THE PETITIONER BY THE UNIVERSITY OF LEEEDS EXHIBIT P3 TRUE COPY OF MA DEGREE CERTIFICATE AWARDED TO THE PETITINER BY THE UNIVERSITY OF LEEDS EXHIBIT P4 TRUE COPY OF THE SERVICE BOOK OF THE PETITIONER EXHIBIT P5 TRUE COPY OF GO DTD 14/6/1985 EXHIBIT P6 TRUE COPY OF THE LETTER DTD 6/5/1987 ISSUED BY THE GOVERNMENT EXHIBIT P7 TRUE COPY OF THE ORDER DTD 3/11/95 ISSUED BY THE 3RD RESPONDENT EXHIBIT P8 TRUE COPY OF THE RESPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF THE ORDER DTD 14/5/2014 ISSUED BY THE 2ND RESPONDENT EXHIBIT P10 TRUE COPY OF THE JUDGMENT DTD 20/6/1995 IN OP NO 7378/1993 OF THIS HON'BLE COURT EXHIBIT P11 TRUE COPY OF THE JUDGMENT DTD 15/10/2008 IN WA NO 1287/2005 OF THIS HON'BLE COURT EXHIBIT P12 TRUE COPY OF THE REFERENCE ORDER DTD HON'BLE COURT