IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 37905 of 2008(K) --------------------------------------- PETITIONER: ------------------- T.K.RETNAMMA, RETNABHAVAN, VAYALA, VEMPALLY.P.O., KOTTAYAM – 686 633, (HEADMISTRESS (RETIRED) GOVT. HARIJAN LOWER PRIMARY SCHOOL, VAYALA, KOTTAYAM). BY ADV. MR.P.R.PADMANABHAN NAIR. RESPONDENTS: ------------------------ 1. ASSISTANT EDUCATIONAL OFFICER, KURUVILANGAD, KOTTAYAM. 2. DISTRICT EDUCATIONAL OFFICER, KADUTHURUTHY, KOTTAYAM. 3. DEPUTY DIRECTOR OF EDUCATION (GENERAL KOTTAYAM), KOTTAYAM-1, 4. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO THE GENERAL EDUCATIONAL DEPARTMENT. *ADDL.R5: 5. ACCOUNTANT GENERAL OF KERALA (A & E), OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM – 695 039. *IS IMPLEADED AS PER ORDER DT. 02/03/09 IN I.A. 2879/09. R1 TO R4 BY GOVT. PLEADER MR. V.T.K. MOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37905/2008-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PAGES OF THE PENSION PAYMENT ORDER NO. 39374508 DTD. 05/03/2001. EXT.P.2: COPY OF THE SERVICE CERTIFICATE DTD. 02/12/2000. EXT.P.3: COPY OF THE RELEVANT PAGES OF FORMAL APPLICATION IN FORM NO.II DTD. 05/12/2000. EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED TO THE DEPUTY DIRECTOR OF EDUCATION (GENERAL), KOTTAYAM DTD. 21/03/2002. EXT.P.5: COPY OF THE REMINDER TO THE DEPUTY DIRECTOR OF EDUCATION (GENERAL) KOTTAYAM DTD. 15/02/2005. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED TO THE DIRECTOR OF PUBLIC INSTRUCTION DTD. 15/02/2006. EXT.P.7: COPY OF THE REMINDER TO THE DIRECTOR OF PUBLIC INSTRUCTION DTD. 01/02/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.37905/2008-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of November, 2009 J U D G M E N T The petitioner retired from service on 31/03/2001 as Headmistress of Government Harijan Lower Primary School, Vayala, Kottayam. The petitioner's pensionable service is computed from 02/02/1972 to 31/07/2000 as 28 years and 6 months and the same is rounded upto 29 years. Before the commencement of the permanent service on 02/02/1972, she had worked as P.D Teacher in Government Tribal L.P School, Cheernthalar for a period of 11 months and 16 days. This is evidenced from Ext.P2 Service Certificate. The above period was not counted for reckoning the pensionable service of the petitioner. The petitioner had been submitting representations to various authorities. Since no action was forthcoming in the matter, she filed this writ petition seeking for a direction to compute the provisional service of 11 months and 16 days as pensionable service of the petitioner and to revise and refix her pension retrospectively from 01/04/2001. 2. The learned Government Pleader on the basis of written instructions received from the respondents submits that even though the Pension Sanctioning Authority reckoned the period of provisional service as qualifying service for W.P.(C). No.37905/2008 -:2:- pension, the Accountant General objected to the same for the reasons that; (i) provisional service has not been taken as qualifying service since it was not considered for granting increment; (ii) the details as to whether the posting was on Employment/PSC was not available and; (iii) the Service Certificate was not counter signed by the Pension Sanctioning Authority. Going by the written instructions submitted by the Assistant Educational Officer, Kuruvilangad, the said Officer had also sent the proposal for reckoning the provisional service of 11 months and 16 days as qualifying service. The main objection taken on behalf of the Accountant General is that the Service Certificate was not counter signed by the Pension Sanctioning Authority and this remark was included in the Verification Report issued by that office to the Pension Sanctioning Authority namely, the Assistant Educational Officer, Kuruvilangad vide P14/PenA/1689/BL/00-01/456 dated 26/03/2001 and, no reply in this regard is received from the Pension Sanctioning Authority, till date. It is also informed that the Pension Sanctioning Authority has now been addressed by the Office of the Accountant General (A&E) on 27/04/2009 to forward the revised pensionary claims of the petitioner with the counter signed Service W.P.(C). No.37905/2008 -:3:- Certificate and on receipt of the revised proposals, the claims will be processed by the said office. 3. Therefore, the writ petition is disposed of directing the first respondent to forward the revised pensionary claims of the petitioner with Service Certificate duly counter signed by the Pension Sanctioning Authority, the Assistant Educational Officer, Kuruvilangad itself in terms of the communication from the office of the Deputy Accountant General (Pension), dated 27/04/2009 within a period of three weeks from the date of production of a copy of this Judgment. Since the period of provisional service of 11 months and 16 days is liable to be reckoned for the purpose of qualifying service for grant of pension, there will be a direction to the additional fifth respondent to take appropriate action, to revise pension on receipt of the revised pensionary claims of the petitioner and finalise the same within a period of three months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms