IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 17141 of 2009(K) -------------------------------- PETITIONER: -------------- JOSEPH MATHEW.K, S/O. KURUVILLA MATHEW, AGED 56 YEARS, KANNATTUKUNNEL HOUSE, EDAMATTOM P.O., KOTTAYAM, LEACTURER SELECTION GRADE, UGC, ST. THOMAS COLLEGE, PALA (RETIRED). BY MR.ROY THOMAS, ADVOCATE. MR.N.M.VARGHESE, ADVOCATE RESPONDENTS: ------------------ 1. STATE OF KERALA, TO BE REPRESENTED BY THE SECRETARY DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR, COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, ST. THOMAS COLLEGE, PALA. BY MR. A.J. VARGHESE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17141 OF 2009 --------------------------------------- Dated this the 22nd day of June, 2009. J U D G M E N T The petitioner herein is aggrieved by the non-reckoning of the whole tenure of approved service for the purpose of fixation of pension. 2. The petitioner was appointed in the 3rd respondent college on 01.10.1981 in a leave vacancy and continued upto 14.11.1983. On 01.10.1983, he was promoted from junior Lecturer post to Lecturer post. After retrenchment on 14.11.1983, the petitioner was re-appointed as Lecturer in a leave vacancy from 05.07.1989 to 06.09.1989. He got regular appointment in the institution from 04.06.1990. 3. The petitioner retired from service on 31.03.2008. The qualifying service of the petitioner for the purpose of pension was calculated as 17 years, 6 months and 27 days only. According to the petitioner, his actual service is 19 years, 10 months and 11 days and therefore he has a net qualifying service of 20 years for W.P.(C) No.17141/2009 2 the purpose of pension. Exhibit P3 is the copy of verification report. 4. The petitioner has already moved the Government by Exhibit P4 representation seeking for appropriate reliefs in the matter. He has sought for a direction to re-determine the pensionary claims after reckoning the qualifying service as 20 years. There will be a direction to the first respondent to consider and pass orders on Exhibit P4, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp