IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 21189 of 2006(V) -------------------------- PETITIONER(S): --------------- B. SANTHAKUMARI, W/O. NAGAPPAN NAIR, `VRINDAVANAM', AMARAVILA P.O., THIRUVANANTHAPURAM. (RETIRED AS PART-TIME CRAFT TEACHER, CHENKAL UPPER PRIMARY SCHOOL). BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. SHRI.T.T.MOHAMMED, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.21189/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF G.O.(MS) NO.51/95/G.EDN. Dated 15/03/1995. P2 : COPY OF COMMUNICATION NO.G.7.23346/95 FROM THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM DATED 16/02/1996. P3 : COPY OF JUDGMENT IN O.P.12225/99 DATED 18/08/2003 OF THIS HONOURABLE COURT. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21189 of 2006 --------------------------------- Dated, this the 30th day of October, 2008 J U D G M E N T The petitioner was an aided school teacher, who retired from service on 30/06/1990. In this writ petition, though the petitioner claimed the benefit of Ext.P1, for reckoning her part time service also for pensionary purposes, that was declined on the basis that the benefit under Ext.P1 is available only to those who have retired subsequent to 25/07/1994. Representation made by the petitioner was also rejected by Ext.P2 for the same reason. Challenging Exts.P1 & P2, and seeking the reliefs granted by this Court in the judgment in O.P.No.12225/1999, a copy of which is produced as Ext.P3, the writ petition is filed. 2. A reading of Ext.P3 judgment, referred to above, shows that the petitioners therein were also aided school teachers retired prior to 25/07/1994. After examining the contentions in detail, this Court declared that the petitioners WP(C) No.21189/2006 -2- therein will be eligible to have their part time service also reckoned for their pensionary benefits and held that they will be entitled to the benefit from 25/07/1994. 3. Since the case of the petitioner herein is identical to the case of the petitioners in Ext.P3 judgment, I see no reason to decline the relief prayed for in this writ petition. Accordingly, it is declared that the petitioner will also be entitled to reckon her part time service for the grant of pensionary benefits from 25/07/1994 and on that basis her emoluments will be revised and paid. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg