Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 9TH DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 WP(C) NO. 9513 OF 2021 PETITIONER: INDIRA DEVI.V AGED 64 YEARS W/O.C.HARIKRISHNAN, RTRD.HIGHER SECONDARY SCHOOL TEACHER, M.N.K.M. HIGHER SECONDARY SCHOOL, CHITTALANCHERRY, PALAKKAD, RESIDING AT THIRUVONAM, UNNICHODU, CHITTALANCHERRY, PALAKKAD-678 704. BY ADV U.BALAGANGADHARAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX), THIRUVANANTHAPURAM-695 001.
2 THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, PALAKKAD-678 001. 3 THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, HIGHER SECONDARY EDUCATION, MALAPPURAM-676 505. 4 THE MANAGER, NNKK HIGHER SECONDARY SCHOOL, CHITTALANCHERRY, PALAKKAD-678 704. 5 THE MANAGER., N.C.S. HIGHER SECONDARY SCHOOL, PUTHENVELIKKARA, ERNAKULAM-683 512. 6 THE ACCOUNTANT GENERAL(A AND E), THIRUVANANTHAPURAM-695 001. SRI. VENUGOPAL. GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9513 OF 2021 2
T.R. RAVI, J.
W.P.(C)No.9513 of 2021 Dated this the 9th day of October, 2023
JUDGMENT
The grievance of the petitioner is regarding payment of arrears of pension from 09.06.2006 to 07.11.2018. Ext.P7 verification report specifically says that for arrears of pension form 09.06.2006 to 07.11.2018, the petitioner has to obtain orders of the Government along with the concurrence of Finance Department and forward the same. This is in accordance with Rule 120 of Part III KSR, which says that if pension is granted after three years after retirement of an employee, granting pension retrospectively should be after obtaining special orders of the Government. The petitioner had approached the Director of General Education and has been issued with Ext.P8 rejecting the request. The reasoning in Ext.P8 cannot be sustained. Moreover, it is an aspect which has to be considered after getting orders from the Government and concurrence of the Finance Department, as WP(C) NO. 9513 OF 2021 3 clearly stated in Ext.P7. In the above circumstances, Ext.P8 is set side. The petitioner is directed to approach the Government and the Finance Department for further orders regarding the arrears of pension from 09.06.2006 to 07.11.2018 in terms of Ext.P7 order. If the petitioner submits the necessary application within three weeks from today, the same shall be considered and orders issued by the appropriate authority under the 1 st respondent within two months therefrom. The writ petition is disposed of accordingly. Sd/- T.R.RAVI JUDGE LEK WP(C) NO. 9513 OF 2021 4 APPENDIX OF WP(C) 9513/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF APPOINTMENT ORDER DATED 07.06.2006 ISSUED TO THE PETITION BY 5TH RESPONDENT SCHOOL AS PRINCIPAL OF HSS, PUTHENVELIKKARA. EXHIBIT P2 A TRUE COPY OF RESIGNATION LETTER OF THE PETITIONER DATED 09.06.2006 SUBMITTED TO 4TH RESPONDENT SCHOOL, MNKM HSS CHITTALANCHERRY. EXHIBIT P3 A TRUE COPY OF THE ORDER OF REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM DATED 18.03.2008. EXHIBIT P4 A TRUE COPY OF REPRESENTATION DATED
14.08.2017 SUBMITTED BY THE PETITIONER TO THE GOVT. FOR TREATING RESIGNATION AS VOLUNTARY RETIREMENT FOR PENSION.
EXHIBIT P5 A TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT DATED 28.09.2017 IN WPC 31285/2017. EXHIBIT P6 A TRUE COPY OF GOVT. ORDER DATED 08.11.2018. EXHIBIT P7 A TRUE COPY VERIFICATION REPORT DATED 13.05.2019 ISSUED BY THE ACCOUNTANT GENERAL. EXHIBIT P8 A TRUE COPY OF LETTER OF FIRST RESPONDENT DATED 31.1.2021. Exhibit P 9 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 26..12..2022 ISSUED BY DR. ARUN N M