IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 17046 of 2005(D) -------------------------- PETITIONER: --------------- VALSA PETER, RETIRED U.P.SCHOOL ASSISTANT, KALATHURUTHU HOUSE, VAZHAMUTTOM P.O., OMALLOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 3. THE ACCOUNTANT GENERAL (A & E) KERALA, ERNAKULAM. SMT. M.G. LISHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 17046/2005 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE CERTIFICATE OF SERVICE THROUGH EMPLOYMENT EXCHANGE. EXT.P2 COPY OF THE RELEVANT PAGES OF THE PENSION PAYMENT ORDER DATED 07.06.2001. EXT.P3 : COPY OF THE REPRESENTATION SUBMITTED TO THE 1ST RESPONDENT DATED 27.09.2001. EXT.P4 : COPY OF THE COMMUNICATION DATED 16.09.2002 FROM THE FIRST respondent TO THE 2ND RESPONDENT. EXT.P5 : COPY OF G.O.(P)2357/99/FIN. DATED 25.11.1999. EXT.P6 : COPY OF THE COMMUNICATION FROM THE 3RD RESPONDENT TO 2ND RESPONDENT DATED 14.03.2003. EXT.P7 : COPYO F THE G.O.(MS) NO.135/68/EDN. DATED 27.03.1968. EXT.P8 : COPY OF THE JUDGMENT IN W.P.(C) NO. 28662/2003. EXT.P9 : COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO GOVERNMENT DATED 15.09.2004. EXT.P10 : COPY OF THE G.O.(RT) NO.1146/05/GE, THIRUVANANTHAPURAM DATED 18.03.2005. RESPONDENTS' EXHIBITS: EXT.R2(a) : TRUE COPY OF G.O(RT)NO.1146/05/GE DATED 18.03.2005. //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 17046 of 2005 - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2011. JUDGMENT The petitioner has filed this writ petition with the following prayers: 1. Issue a writ of certiorari or any other appropriate order or direction quashing Exts.P6 and P10 to the extent it fails to take into account the petitioner's provisional service which extends to one year one month and twelve days, which is evident from Ext.P1 series for the purpose of granting pensionary benefits. 2. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to regularise the petitioner's provisional service mentioned in Ext.P1 series by taking into account the petitioner's provisional service in between 13.06.1997 to 08.09.1967, 10.09.1969 to 09.12.1969, 25.11.1970 to 13.04.1971, 05.01.1973 to 31.03.1973. 2. The petitioner was working as U.P.S.A in Catholicate H.S.S., Pathanamthitta. Before her appointment as U.P.S.A in the aided school, she had provisional service through Employment Exchange in Government School for one year, one month and twelve days. She retired from service on 30.04.2001. Pensionary benefits have been granted to the petitioner without taking into account the service rendered in Government School on provisional basis. Aggrieved by this the petitioner preferred a petition before this Court as W.P.(C) No. 19428 of 2003. This W.P.(C) No.17046/2005 -:2:- Court as per Ext.P8 judgment dated 23.08.2004 directed the Government to reconsider the case of the petitioner in the light of Ext.P7 Government Order. In pursuance to the directions in Ext.P8, the petitioner submitted a fresh representation before the Government. The Government as per Ext.P10 order dated 18.03.2005 rejected the same without hearing the petitioner. It is the said order which is assailed in this petition. 3. The learned counsel for the petitioner relied on the decision reported in 2004(2) KLT 190 - Jacobkutty v. State of Kerala in which it is held as follows: “Employees of pensionable establishments and autonomous bodies in State Government service taking up employment in Central Government and autonomous bodies will be entitled to count their service for the purpose of pension. Likewise employees of Aided Schools will be entitled to count their service either before entering Government service or after leaving Government Service for the purpose of pension. Aided school service is liable to be counted for the purpose of pension in case the employee is able to club it with the State Government service whether it is before or after.” 4. In the present case the petitioner had been working in the Government School provisionally from 13.06.1967 to 08.09.1967, 10.09.1969 to 09.12.1969, 25.11.1970 to 13.04.1971 and 05.01.1973 to 31.03.1973. The services thus rendered has to be counted while granting pension. Aided W.P.(C) No.17046/2005 -:3:- School Service admittedly being a pensionable service, there is absolutely no justification in denying the benefit thereof for the purpose of pension clubbing it with the Government school service. Otherwise, it would amount to violation of the guarantee under Article 14 of the Constitution of India. Hence, I set aside the impugned order Ext.P10 and direct the first respondent to consider the Government school Service of the petitioner as stated in Ext.P7 Government Order. Appropriate action shall be taken within a period of three months from the date of production of a copy of this judgment. This writ petition is allowed as above. sd/- B.P. RAY, JUDGE. rv W.P.(C) No.17046/2005 -:4:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 16th day of November, 2011. JUDGMENT W.P.(C) No.17046/2005 -:5:-