IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 24476 of 2007(L) -------------------------- PETITIONER: ------------ ANNIE LOUKOSE,LECTURER SELECTION GRADE UNDER VOLUNTARY RETIREMENT)DEPARTMENT OF MATHEMATICS, B.C.M.COLLEGE, KOTTAYAM. NEW RESIDING AT 1800 E.M. 1092 APT II 602 MISSOURI CITY TX 77459, U.S.A. BY ADV. SRI.MATHEW SKARIA SRI.K.J.JOSEMON RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERALA OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN,THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,KOTTAYAM. 5. THE PRINCIPAL, B.C.M, COLEGE, KOTTAYAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No.24476/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE EXPERIENCE CERTIFICTE DTD.29.10.94 BY R5. P2. COPY OF THE LETTER DTD.13.6.07 BY R3 TO R5. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.24476 of 2007 ================== Dated this the 19th day of February, 2008 J U D G M E N T The petitioner was a Lecturer Selection Grade in the Department of Mathematics at B.E.M. College, Kottyam. He applied for voluntary retirement believing that he has put in the minimum number of years of service required for becoming eligible for voluntary retirement, which is 20 years. Respondents also acted on the request of the petitioner for voluntary retirement on the premise that the petitioner was so entitled to and allowed him to retire voluntarily. Subsequently, when the question of payment of pension to the petitioner arose, he was informed that he is not eligible for pension because he had not put in 20 years of service and was short by 81 days to compete 20 years of service. The petitioner, therefore, seeks the following relief: “(i) Issue a writ of mandamus and/or other appropriate writ, order or direction directing the respondents 1 to 4 to sanction and disburse the D.C.R.G., Pension and all other pensionary benefits to the petitioner forthwith, with interest at the rate of 18% per annum from the date of retirement.” 2. I have passed an interim order dated 4.2.2008 as w.p.c.24476/07 2 follows: “Learned Government Pleader submits that respondents 1 to 4 have no objection in the petitioner rejoining duty for completion of 20 years provided the manager of the college permits the petitioner. The manager is not a party to this writ petition. Learned counsel for the petitioner submits that the petitioner has provisional service from 21- 8-1982 to 17-12-1982. This period and period from 18-9-2004 and 30-6-2006 during which she was on leave without allowances, which periods would be sufficient to make up the balance service required, even going by the contentions of respondents 1 to 4 can also be reckoned for completing 20 years of service, submits the petitioner. In the peculiar facts and circumstances of the case, the 3rd respondent shall consider whether a lenient view can be taken in the matter of computing those periods also for the purpose of enabling the petitioner to get the retirement benefits. I am passing this order because of the fact that it was the duty of the 3rd respondent also to see that the petitioner completes 20 years' of service before permitting the petitioner to voluntarily retire from service.” 3. Although the petitioner submits that provisional service mentioned in the interim order was counted for increment, according to the instructions received by the learned Government Pleader, the same was not so counted. However, I am not inclined to go into that question now. Admittedly, it was because of the mistake committed by both the petitioner and the department, (if there is such a mistake) that the petitioner was allowed to retire before completing 20 years of service. Without completing 20 years of service, the respondents could not have validly allowed the petitioner to retire from service. In the above circumstances, I am of opinion that for enabling the petitioner to w.p.c.24476/07 3 draw pension, provisional service for the period from 21.8.1982 to 17.12.2981 can be reckoned as service to complete 20 years of service. Accordingly, I direct respondents 1 to 4 to sanction and disburse retirement benefits due to the petitioner in accordance with the above directions within a period of two months from the date of receipt of a copy of this judgment. I make it abundantly clear that this direction is as a very special case because of the peculiar facts and circumstances obtaining only for the purpose of enabling the petitioner to complete 20 years of service, and the same shall not be treated as law on the subject of treating provisional service as service counting for pension. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.24476/07 4