IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 16827 of 2011(C) -------------------------- PETITIONER(S): --------------- K.K. SASIKALA, D/O. NARAYANAN MASTER, AGED 47, RESIDING AT RAGAM, NEAR GOVERNMENT HOSPITAL, PAYYANNUR, KANNUR DISTRICT. (ASSISTANT TEACHER RETIRED, SREERAMAVILASOM L.P.SCHOOL, CHERUTHAZHAM, P.O.MANDUR, KANNUR) BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2. ASSISTANT EDUCATIONAL OFFICER, MADAYI, PAYANGADI.P.O, KANNUR DISTRICT - 670 501. 3. HEADMISTRESS, SREE RAMA VILASAM L.P SCHOOL, CHERUTHAZHAM, PILATHARA.P.O, KANNUR DISTRICT - 670 572. GOVERNMENT PLEADER, SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16827 of 2011(C) APPENDIX PETITIONERS EXTS: EXT.P1PHOTOCOPY OF JUDGMENT DT.17/10/2010 IN OP 5732/2000 EXT.P2 PHOTOCOPY OF GO RT 4537/10/G.EDN. DT.21/10/2010 EXT.P3 REPRESENTATION DT.29/01/2011 EXT.P4 PHOTOCOPY OF ORDER NO.KDIS/D 2053/2010 DT. 30/6/2011 OF 2ND RESPONDENT EXT.P5 PHOTOCOPY OF OBJECTION DT. 25/7/2011 EXT.P5(a) PHOTOCOPY OF POSTAL ACKNOWLEDGEMENT CARD RESPONDENTS EXTS.: NIL \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16827/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of November, 2011 J U D G M E N T The petitioner has approached this Court seeking the following reliefs:- i.Call for records connecting the pension proposal of the petitioner from the second respondent concerned. ii.Issue a writ of mandamus directing the third respondent to submit all the pension proposal of the petitioner to the second respondent and to disburse the pensionery benefits in accordance with Part III, Rule 56 of Kerala Service Rules within a time frame. 2. This Court on 13/07/2011 ordered urgent notice on admission to the third respondent who is the Headmistress of the school and even though, the third respondent has accepted the notice, there is no appearance for her. 3. The case of the petitioner is that she had applied for voluntary retirement and the Government W.P.(C). No.16827/2011 -:2:- Order permitting the same has been produced as Ext.P2. The said order is dated 21/10/2010. The direction therein is that the Educational Authorities will take immediate steps to sanction voluntary retirement to the petitioner counting the suspension period from 13/03/2000 to 31/10/2009 as duty for pension on receipt of the revised proposal. 4. The petitioner thereafter, filed a representation as per Ext.P3 whereby she has requested for refixation of pay after sanction of certain increments for enabling her to submit the proposal for pension. 5. Learned Government Pleader on getting instructions had made a submission on 22/09/2011 that a decision will be taken on Ext.P5 and the same will be communicated to the petitioner. When the matter came up for hearing before this Court on 25/10/2011, learned counsel for the petitioner submitted that after issuance of the order dated 22/09/2011, the petitioner was served with an order fixing the eligible amount of W.P.(C). No.16827/2011 -:3:- salary and the petitioner will be submitting pension papers shortly. 6. Today, when the matter came up for consideration, learned counsel for the petitioner submitted that the pension papers have been duly submitted by the petitioner on 22/10/2011 to the third respondent. 7. What remains is, therefore, forwarding of the pension papers of the petitioner by the third respondent to the competent authority, if it is not already done. In that view of the matter, there will be a direction to the third respondent to forward the pension papers of the petitioner, after due verification, to the second respondent within a period of two weeks from the date of production of a copy of this Judgment by the petitioner and the second respondent will, thereafter, take steps to see that eligible amounts are sanctioned and the petitioner is disbursed the said amount also within a further period of two months. It is pointed out that the petitioner has got certain objections regarding pay fixation. The W.P.(C). No.16827/2011 -:4:- petitioner will be free to raise it before the appropriate authority. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms