IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 21ST JUNE 2007 / 31ST JYAISHTA 1929 WP(C).No. 29500 of 2006(J) -------------------------- PETITIONER: ------------ ALPHONSA P.J., H.S.A (SOCIAL SCIENCE), GOVERNMENT TECHNICAL HIGH SCHOOL, CHEMBUKKAVU, THRISSUR. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ----------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 2. THE SUPERINTENDENT, GOVERNMENT TECHNICAL HIGH SCHOOL, CHEMBUKKAVU, THRISSUR. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI. K.V. MANOJ KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 29500/2006 : 2 : APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE ABSTRACT OF PAY REVISION BY GO(P) NO. 3000/1998/FIN. DATED 25.11.1998. EXT.P2: TRUE COPY OF THE RECOMMENDATION ALONG WITH THE STATEMENT OF THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE OBJECTION DATED 06.10.2006 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPPONDENT. EXT.P4: TRUE COPY OF THE GO(P) NO. 296/2006/FIN. DATED 14.07.2006. EXT.P5: TRUE COPY OF THE CONCERNED PAGE OF THE SERVICE BOOK OF THE PETITIONER. EXT. P6: TRUE COPY OF GO(P) NO. 480/89/FIN. DATED 01.11.1989 EXT.P7: TRUE COPY OF THE ORDER NO. A1.24329/94 DATED 29.11.1994 ISSUED BY THE 1ST RESPONDENT. EXT.P8: TRUE COPY OF THE RELIEVING ORDER DATED 01.1.2.1994 ISSUED TO THE PETITIONER BY THE HEADMASTER, GOVT. L.P SCHOOL, AMMADAM. EXT.P9: TRUE COPY OF THE ORDER DT. 25.08.2005 ISSUED BY THE 1ST RESPONDENT SHOWING THE STATMENT OF FIXATION OF PAY IN THE SENIOR GRADE PRIMARY SCHOOL TEACHERS. EXT.P10: TRUE COPY OF THE GOVERNMENT ORDER NO. G.O.(P) NO. 364/04/G.EDN. DATED 30.11.2004. /True Copy/ P.A to Judge. KURIAN JOSEPH , J ================================== W.P.(C) NO. 29500 OF 2006 ================================== Dated this the 21st day of June, 2007. JUDGMENT Counting of broken spells for the purpose of service benefits prior to 1979 is an issue covered in favour of the petitioner in the decision of this Court reported in Sobhana v. State of Kerala ( 2004 (3) KLT 131). 2. Therefore, this writ petition is disposed of directing the first respondent to grant the benefit of broken spells of services rendered by the petitioner prior to 1979. The needful in the light of the decision referred to above shall be done withing a period of two months from the date of production of a copy of this judgment along with a copy of the judgment referred to above. The consequential benefits and fixation of pension and disbursement of the service benefits shall also be done within another one month. In the event of disbursement of the above benefits beyond the said period the petitioner will be entitled to interest at the rate of 12% per annum from the date of retirement and the officers responsible for the delay will be personally liable for the interest amount. KURIAN JOSEPH, JUDGE. rv