IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 OP.No. 5992 of 2001(L) ---------------------- PETITIONER: ------------ C.R.DEVAKI, MALIKAYIL HOUSE, KALLARA SOUTH P.O., KOTTAYAM BY ADV. SRI.S.GOPAKUMARAN NAIR SRI.M.P.MADHAVANKUTTY RESPONDENTS: ------------- 1. SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 2. ACCOUNTANT GENERAL OF KERALA, THIRUVANANTHAPURAM 3. SENIOR ACCOUNTS OFFICER, ACCOUNTANT GENERAL'S OFFICE, THIRUVANANTHAPURAM 4. THE ASSISTANT EDUCATIONAL OFFICER, ETTUMANOOR, KOTTAYAM 5. DISTRICT TREASURY OFFICER, PALA, KOTTAYAM BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.9892/2001 IN O.P.NO.5992/2001 DISMISSED. 11-1-2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE G.O(P)NO.506/95/FIN. DATED 22ND AUGUST 1995 ISSUED BY FINANCE (PENSION-B) DEPT. GOVT. OF KERALA. EXT.P2. TRUE COPY OF GO(MS)51/95/G.EDN. DATED 15TH MARCH 1995 ISSUED BY GENERAL EDUCATION (J) DEPARTMENT. EXT.P3. TRUE COPY OF REPRESENTATION SENT TO STATE EDUCATION MINISTER DATED NIL. EXT.P4. TRUE COPY OF THE LETTER DATED 26-3-1998 ISSUED BY THE UNDER SECRETARY FOR SECRETARY. EXT.P5. TRUE COPY OF THE ORDER PASSED BY THE THIRD RESPONDENT DATED 16-6-1998 REVISION OF BASIC PENSION OFO THE PETITIONER. EXT.P6. TRUE COPY OF COMMUNICATION DATED 26-3-1999 SENT BY THIRD RESPONDENT TO THE 5TH RESPONDENT. EXT.P7. TRUE COPY OF THE COMMUNICATION DATED 7-4-1999 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXT.P8. TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 8-4-1999 EXT.P9. TRUE COPY OF THE G.O. DATED 25-11-1998 BEARING NO.GO(P) 3001/98/FIN. EXT.P10. TRUE COPY OF LETTER ISSUED BY INDIAN AUDIT AND ACCOUNTS DEPT. SR. ACCOUNTS OFFICER TO THE 5TH RESPONDENT DATED 7-12-1999 AND COPY TO THE PETITIONER. EXT.P11. TRUE COPY OF LETTER DATED 4-1-2000 ISSUED BY ADDITIONAL SECRETARY GENERAL EDUCATION (E) DEPT., GOVT. OF KERALA TO THE PETITIONER. / TRUE COPY / P.S. to JUDGE KURIAN JOSEPH, J. ----------------------------------------- O.P. No.5992 of 2001 ----------------------------------------- Dated this the 11th day of January, 2008 JUDGMENT In the matter of counting of part-time service for the purpose of pensionary benefits, the issue requires re- consideration in the light of the decision of this court in K.Raghavan Nair v. State, 1993(2) KLJ 904 and also the subsequent orders passed by the Government whereby it has been held that 50% of the part-time service can be counted. Therefore, I quash the impugned orders. There will be a direction to the first respondent to consider the matter afresh in the light of the decision referred to above and subsequent government orders and pass fresh orders and also disburse the consequential benefits to the petitioner within a period of three months from the date of production of a copy of the judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.5992 of 2001 ----------------------------------- JUDGMENT 11th January, 2008