IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 10582 of 2007(I) ---------------------------------- PETITIONER(S): -------------------- P.IBRAHIM, P.D.TEACHER, GOVERNMENT HIGH SCHOOL, PAIVALIKE NAGAR, KASARAGOD. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 4. THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD. R1 TO 4 BY GOVT. PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 10582/2007 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS DATED 29/05/1986. P2: COPY OF THE APPLICATION FOR LEAVE DATED 02/06/1986. P3: COPY OF THE PROCEDINGS DATED 11/08/1986. P4: COPY OF THE ORDER DATED 15/10/1986 PASSED BY THE 1ST RESPONDENT. P5: COPY OF THE LETTER DATED 08/11/1986. P6: COPY OF THE EXPLANATION DATED 21/11/1988. P7: COPY OF THE JUDGMENT DATED 26/05/1989 IN O.P.3771/1989. P8: COPY OF THE ORDER DATED 16/05/1990. P9: COPY OF THE JUDGMENT DATED 23/01/1995 IN O.P. 27 OF 1992. P10: COPY OF THE REPRESENTATION DATED 06/03/2006 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P11: COPY OF G.O.(P) NO.1851/99/FIN. DATED 18/09/1999. P12: COPY OF THE JUDGMENT DATED 29/05/2006 IN WPC.NO.11907/2006 P13: COPY OF G.O.(Rt) NO.4591/2006/GED DATED 20/10/2006. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 10582 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th day of June, 2011. J U D G M E N T The petitioner was a primary teacher in Government service. He was terminated from service after disciplinary proceedings for the misconduct of unauthorised absence on 16.12.1983. The petitioner filed representations before the Government for ex gratia pension. Ultimately, by Ext. P12 judgment, this Court directed the Government to consider the petitioner's representation in this regard. By Ext. P13 order, the Government rejected the claim of the petitioner on the ground that the petitioner having been terminated from service pursuant to disciplinary proceedings, he is not eligible for ex gratia pension. The petitioner has filed this writ petition challenging Ext. P13 seeking the following reliefs: “1. Eligibility i) to issue a writ of certiorari quashing Ext. P13 as unjust, illegal and unconstitutional; ii) to issue a writ of mandamus directing the respondents to grant the proportionate pension to the petitioner on the basis of Ext. P11.” 2. Going by the prayers of the petitioner himself, his claim is on the basis of Ext. P11 Government Order which relates to grant of ex gratia pension. In Ext. P11 order, the eligibility condition for grant of ex gratia pension is as follows: “(a) The scheme is limited to the employees who retire from service on superannuation but do not have the minimum qualifying service (i.e. 10 years) for statutory pension as specified in Rule 57 of Part III, Kerala Service Rules. The employees who had already retired from service on superannuation as above will also be eligible for the Ex-gratia Pension. -: 2 :- (b) Those who have lost their eligibility for minimum pension on account of not having the minimum qualifying service (i.e. 10 years) by availing leave without allowances including those sanctioned under Appendix XII A/Appendix XII C of Kerala Service Rules will not be eligible for the Ex- gratia Pension. (c) The Scheme is optional. Those who are eligible as above may opt for the Scheme of Ex-gratia Pension. They shall not be eligible for the service gratuity in lieu of Service Pension admissible as per Kerala Service Rules. However, those who had already retired from service till the date of this order are exempted from refunding the amount of service gratuity. (d) The legal heirs of the pensioners coning under this Scheme, shall not be entitled to family pension.” Going by the same, it is clear that persons who have been dismissed from service pursuant to disciplinary proceedings are not included within the ambit of Ext. P11 Government Order. That only has been held in Ext. P13. Therefore, the petitioner is not entitled to the reliefs prayed for in this writ petition. Accordingly, the writ petition is dismissed, Sd/- S. Siri Jagan, Judge. Tds/