IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 274 of 2008(G) ------------------------------------ PETITIONER(S): ------------------------ K.V. KURIAKOSE, RETIRED SELECTION GRADE LECTURER, BASELIUS COLLEGE, KOTTAYAM, RESIDING AT KULANGARAKUDIYIL HOUSE, AIRAPURAM P.O., KEEZHILLAM, MUVATTUPUZHA. BY SRI.KRB.KAIMAL, SENIOR ADVOCATE, ADV. SRI.ANIL K.NAIR, SRI.B.UNNIKRISHNA KAIMAL, SRI.V.MADHUSUDHANAN, SRI.PRAMJI PAUL VAZHAPPILLY. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT. OF KERALA, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. R1 TO R3 BY GOVT. PLEADER SMT.SMITHA SUKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 274 of 2008(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 10/01/2001 SUBMITTED BY THE PETITIONER TO THE HONOURABLE MINISTER FOR EDUCATION, THIRUVANANTHAPURAM. EXT.P2: COPY OF THE LETTER NO.28198/D1/2001/H.EDN. DATED 08/10/2001 OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION DATED 05/11/2001 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P4: COPY OF THE ORDER NO.MOCC/CON/817/2002 DATED 01/10/2002 ISSUED BY THE MANAGER, MALANKARA ORTHODOX CHURCH COLLEGE, KOTTAYAM. EXT.P5: COPY OF THE LETTER NO.MOCC/CON/1043/2002 DATED 19/11/2002 OF THE MANAGER, MALANKARA ORTHODOX CHURCH COLLEGES, KOTTAYAM TO THE 1ST RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DATED 11/09/2006 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P7: COPY OF THE REPRESENTATION DATED 27/12/2006 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P8: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO. 10640/2007 DATED 28/03/2007. EXT.P9: COPY OF THE ORDER GO(RT)NO.1268/07/H.EDN. DATED 02/07/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P10: COPY OF THE ORDER NO.MOCC/CON/631/2007 DATED 26/06/2007 ISSUED BY THE MANAGER, MALANKRA ORTHODOX CHURCH COLLEGES, KOTTAYAM. EXT.P11: COPY OF THE CERTIFICATE DATED 04/07/2007 ISSUED BY THE PRINCIPAL BASELIUS COLLEGE, KOTTAYAM TO THE PETITIONER. EXT.P12: COPY OF THE REPRESENTATION DATED 17/08/2007 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P13: COPY OF THE REPRESENTATION DATED 17/11/2007 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.274 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2011 J U D G M E N T The petitioner retired from service of an aided college on 31.03.1998 while working as Selection Grade Lecturer. His date of superannuation was 30.11.1997. But in view of the Rule which permitted teachers in educational institutions to continue till the end of the academic year, the petitioner continued till 31.03.1998. According to the petitioner, he had put in 21 years of service before the date of superannuation and therefore the petitioner is entitled to get 21 year higher grade. But for the period from 01.04.1969 to 16.06.1969, which was vacation period he was not retained in service and therefore that period was excluded for the purpose of calculating the service to decide the eligibility for higher grade. The petitioner's contention is that, that break in service was regularised by the Management by Ext.P4 W.P.(C)No.274 of 2008 -2- order. But the pay of the petitioner was fixed and consequentially pension was also fixed without taking into account the said period of service and the eligibility for the petitioner for grant of higher grade taking into account that period also. The petitioner obtained Ext.P8 judgment in W.P. (C) No.10640/2007 for consideration of the petitioner's representation in this regard which was rejected by Ext.P9 order. Thereafter the petitioner submitted Exts.P12 & P13 representations raising additional grounds. The petitioner seeks the following reliefs: “i. a writ of certiorari quashing/setting aside Ext.P9 order. ii. a writ of mandamus to the 1st Respondent to consider Exts.P-12, P-13 representations and to grant fixation of pay to the petitioner at Rs.14940/- atleast with effect from 15.12.1997 will all consequential benefits including revised pensionary benefits.” I am of opinion that now that the petitioner has filed Exts.P12 & P13 wherein additional grounds have been raised, it is only appropriate that the 1st respondent reconsiders the matter taking into account the additional W.P.(C)No.274 of 2008 -3- contentions raised by the petitioner. Accordingly this writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Exts.P12 & P13 as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/