IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 25242 of 2011(E) -------------------------- PETITIONER(S): --------------- 1. K.P.JOSEPH,KULIRANKAL HOUSE, KOLENCHERRY,ERNAKULAM DISTRICT,PIN 682 311. 2. N.K.RAJAN,NJARTHANKAL HOUSE, VADAVUCODE (PO),ERNAKULAM DISTRICT,PIN 682 310. 3. K.P.VIOMALA,NJARTHANKAL HOUSE, VADAVUCODE(PO),ERNAKULAM DISTRICT,PIN 682 310. 4. K.J.VALSA,PULIKKOTTIL HOUSE, KOLENCHERRY (PO),ERNAKULAM DISTRICT PIN 682 311. BY ADV. SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY THE SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM 695001. 3. THE MANAGER, ST.PETER'S COLLEGER TRUST, KOLENCHERY,ERNAKULAM DISTRICT 682311. BY GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 25242/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 1/6/69 ISSUED BY THE 3RD RESPONDENT TO THE IST PETITIONER. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 30/3/78 ISSUED BY THE 3RD RESPONDENT TO THE IST PETITIONER. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30/5/78 ISSUED BY THE 3RD RESPONDENT TO THE IST PETITIONER. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 29/9/84 ISSUED BY THE 3RD RESPONDENT PERMITTING THE IST PETITIONER TO REJOIN DUTY. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 18/11/98 ISSUED BY THE ACCOUNTANT GENERAL TO THE IST PETITIONER. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 12/11/73 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 30/3/78 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 17/5/78 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P9 TRUE COPY OF THE ORDER DATED 29/5/84 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P10 TRUE COPY OF THE ORDER DATED 28/6/2001 ISSUED BY THE ACCOUNTANT GENERAL TO THE 2ND PETITIONER. EXHIBIT P10(a)TRUE COPY OF THE ORDER DATED 18/6/2001 ISSUED BY THE ACCOUNTANT GENERAL TO THE 2ND PETITIONER. EXHIBIT P11 TRUE COPY OF THE ORDER DATED 12/11/73 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER. EXHIBIT P12 TRUE COPY OF THE ORDER DATED 15/11/78 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER. EXHIBIT P13 TRUE COPY OF THE ORDER DATED 8/8/83 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER. EXHIBIT P14 TRUE COPY OF THE ORDER DATED 7/2/2002 ISSUED BY THE ACCOUNTANT GENERAL TO THE 3RD PETITIONER. EXHIBIT P15 TRUE COPY OF THE ORDER DATED 3/8/71 ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER. EXHIBIT P16 TRUE COPY OF THE ORDER DATED 30/10/81 ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER. EXHIBIT P17 TRUE COPY OF THE ORDER DATED 18/2/2002 ISSUED BY THE ACCOUNTANT GENERAL TO THE 4TH PETITIONER. EXHIBIT P18 TRUE COPY OF G.O.(MS) NO.137/85/H.EDN.DATED 14/6/85. EXHIBIT P19 TRUE COPY OF THE LETTER DATED 6/5/87 ISSUED BY THE GOVERNMENT. EXHIBIT P20 TRUE COPY OF THE JUDGMENT DATED 20/6/95 IN OP NO.7378/93 OF THIS HONOURABLE COURT. EXHIBIT 21 TRUE COPY OF THE JUDGMENT DATED 20/9/01 IN OP NO.14224/96 OF THIS HONOURABLE COURT. EXHIBIT 22 TRUE COPY OF THE JUDGEMENT DATED 20/9/01 IN OP NO.16143/98 OF THIS HONOURABLE COURT. EXHIBIT 23 TRUE COPY OF THE JUDGEMENT DATED 21/2/90 IN CIVIL APPEAL NO.1257/90 OF THE HONOURABLE SUPREME COURT. EXHIBIT 24 TRUE COPY OF THE JUDGEMENT DATED 19/5/2010 IN WPC NO.12615/04 AND CONNECTED CASES, OF THIS HONOURABLE COURT. EXHIBIT 25 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE IST RESPONDENT. RESPONDENTS' EXHIBITS: NIL /True Copy/ PA to Judge T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.25242 of 2011 -------------------------------------------------- DATED THIS THE 23rd DAY OF SEPTEMBER, 2011 J U D G M E N T All the petitioners herein retired from the 3rd respondent- College after attaining the age of superannuation. The main grievance raised in the Writ Petition is that the period of leave availed by them as leave without allowance for taking employment abroad has not been reckoned as qualifying service for granting pensionary benefits and for placement under the UGC Scheme. 2. The petitioners have produced various orders in the Writ Petition in support of their case. It is averred in the Writ Petition that in similar cases this Court by Exhibits P21, P22 and P24 judgments considered the very same issue and has held that the period of leave without allowance granted to private college teachers prior to the issuance of Exhibit P18 order is liable to be counted as qualifying service for calculating pension and other benefits. W.P.(C)No.25242/11 -2- 3. Already the petitioners have filed representation before the Government as per Exhibit P25. It is prayed that the same may be directed to be considered within a time frame. 4. Heard the learned Government Pleader appearing for the respondents, who submitted that sufficient time will have to be granted to the Government for passing orders on the representation. 5. There will be a direction to the 1st respondent to take a decision on Exhibit P25 representation after hearing a representative of the petitioners and after considering various contentions in the representation and the judgments relied upon by the petitioners within a period of five months from the date of receipt of a copy of this judgment. The petitioners will forward a copy of the Writ Petition along with a copy of this judgment to the 1st respondent for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn