IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WA.No. 1202 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.4711/2003 Dated 13/02/2008 .................... APPELLANT: PETITIONER IN O.P.: --------------------------------------------------- DHARAMMA STEPHEN, W/O.ROBERT, TEACHER (RETIRED), ST,MARY'S LP SCHOOL, PULLICHIRA PO, KOLLAM, RESIDING AT 'REX BHAVAN', PULICHIRA PO, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: RESPONDENTS IN OP: ---------------------------------------------------------- 1. DEPUTY DIRECTOR( EDUCATION), KOLLAM. 2. THE ASST.EDUCATIONAL OFFICER, CHATHANNUR, KOLLAM. 3. CORPORATE MANAGER, MANAGEMENT OF CATHOLIC SCHOOL, KOLLAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., DEPARTMENT OF GENERAL EDUCATION, GOVT., SECRETARIAT,TRIVANDRUM. 5. THE HEADMISTRESS, ST.MARY'S LP SCHOOL, PULLICHIRA PO., KOLLAM DISTRICT. BY GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1202 OF 2008 ------------------------------------- Dated 20th June, 2008 JUDGMENT Koshy,J . Appellant/petitioner joined service on 26.9.1960. After completion of training, she had continuous service from 6.6.1963. She submitted her resignation on 15.6.1983. The above resignation letter was attested by two co-teachers in the school. It was accepted by the Assistant Educational Officer. According to the petitioner, she did not submit resignation letter and only applied for leave, but, she did not rejoin duty even after expiry of the alleged leave applied for by her. After going through the documents, educational authorities at various levels found that she submitted resignation and her present contention that she did not submit resignation letter is false and it is only for getting pensionary benefits. The learned single Judge also perused the documents and came to the conclusion that actually she resigned and in an intra-court appeal it requires no interference. Under Rule 29 of Kerala Service Rules - Part III resignation from the service entails forfeiture of past service. Chapter XIV C Rule 62 of Kerala Education Rules also states that premature resignation from the school entails forfeiture of past service and of any retiring allowance to which the teacher who W.A.1202/2008 2 prematurely resigns would otherwise have been eligible. The date of retirement is 31.3.1992. Petitioner filed her first representation in 1997. In the above circumstances, we find no infirmity in the judgment of the learned single Judge and she has no legal right to claim for pension. However, this will not prevent the petitioner from approaching the authorities for favourable consideration (not as a matter of right) to treat her service period before resignation as eligible service. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks