IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 OP.No. 5034 of 2001(Y) --------------------------------- PETITIONER: ------------------- C.G. JACOB (YACOB), CHELATTU HOUSE, MANNATHOOR.P.O., ERNAKULAM - 686 723. BY ADV. SRI.BIJU ABRAHAM. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (A & E), KERALA, TRIVANDRUM. BY SR. GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 5034/2001-Y: J U D G M E N T Learned Government Pleader submits that the relief prayed for in the Original Petition has already been granted by the respondents themselves. This submission is recorded and the O.P. is closed. 25/02/2008. SD/- S. SIRI JAGAN, JUDGE. ORDER ON C.M.P. NO. 8345/2001 IN O.P. NO. 5034/2001-Y CLOSED 25/02/2008. SD/- S. SIRI JAGAN, JUDGE. //TRUE COPY// prv. K.T.SANKARAN, J. -------------------------------------------- O.P. NO. 5034 OF 2001 Y -------------------------------------------- Dated this the 23rd June, 2008 JUDGMENT The petitioner is a retired Clerk of St.John's Syrian Basic Training School, Vadakara, which is an aided school. It is stated that the petitioner entered service on 15.10.1952 and retired on 28.2.1982. It is stated that he has opted the benefit under Chapter XXIVA of the Kerala Education Rules so that he was able to work till attaining the age of 60 years. 2. The reliefs prayed for in the Original Petition are the following: “i) a writ of Certiorari or any other appropriate writ order or direction quashing the Ext.P3 Order as illegal; ii) a writ of Mandamus or any other appropriate writ order or direction commanding the respondents to grant all the pensionary benefits of full time ministerial staff to the petitioner who had opted XXIV A of the K.E.R.; iii) any other appropriate writ order or direction as this Hon'ble Court deem fit and proper on the facts and in the circumstances of the case and allow this Writ Petition with cost.” 3. Ext.P3 is the order dated 6.11.2000, issued by the Government, rejecting the representation submitted by the petitioner and declining the request to grant the pensionary benefits under the liberalised pension O.P. NO.5034 OF 2001 :: 2 :: scheme in favour of the Chapter XXIVA opted aided school ministerial staff. 4. Learned Government Pleader, on instructions, submits that the Government have issued Order - G.O.(Rt) No.1452/2006/GE dated 5.4.2006, extending the benefit allowed to Chapter XIV B opted teachers to Chapter XXIV A opted non-teaching staff also. It is submitted that this is a general order and applies to all similarly situated persons. In view of the above submission made by the learned Government Pleader, the reliefs prayed for in the Original Petition are substantially satisfied. Ext.P3 no longer survives in view of the Government Order referred to above. 5. The submission made by the learned Government Pleader is recorded. The petitioner shall be entitled to all the benefits on the basis of G.O.(Rt)No.1452/2006/GE dated 5.4.2006, if he is otherwise entitled to. The respondents shall pass appropriate orders extending the said benefits to the petitioner as well. The Original Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------------------------- ------------------------------------------- O.P. NO. 5034 OF 2001 Y JUDGMENT 23rd June, 2008 -------------------------------------------