IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 6429 of 2010(C) ------------------------- PETITIONER(S): --------------- T.J.SARADA, W/O.S.SEETHARAMAN POTTI, AGED 56 YEARS, U.D.CLERK (1ST GRADE ASSISTANT) (RETIRED) OFFICE OF THE KERALA STATE HOUSING BOARD BRANCH OFFICE, CHERTHALA (RESIDING AT DEVI KRIPA, KUMBALAM, ERNAKULAM DISTRICT). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY TO GOVERNMENT HOUSING (A) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE SECRETARY, KERALA STATE HOUSING BOARD, TRIVANDRUM. BY G.P.SRI.A.MOHAMMED FAZIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:- COPY OF REQUEST OF THE PETITIONER. EXT.P2:- COPY OF REQUEST OF THE PETITIONER ADDRESSED THE HON'BLE MINISTER FOR FINANCE. EXT.P3:- COPY OF ORDER NO.6666/A1/2007/HSG. OF THE GOVERNMENT EXT.P4:- COPY OF G.O.(Rt) NO.75/2003/HSG.OF THE GOVT. EXT.P5:- COPY OF THE G.O.(Rt.) NO.82/2007/HSG.OF THE GOVT. EXT.P6:- COPY OF THE G.O.(Rt.) NO.29/2005/HSG.OF THE GOVT. EXT.P6(a):- COPY OF THE G.O.(Rt.) NO.61/2006/HSG.OF THE GOVT. EXT.P7:- COPY OF THE G.O.(P) NO.39/68/FIN.OF THE GOVT. EXT.P8:- COPY OF THE CIRCULAR NO.29/71/FIN.OF THE GOVT. EXT.P9:- COPY OF THE G.O(P) NO.103/86/FIN.OF THE GOVT. EXT.P10:- COPY OF THE G.O(P) NO.452/2006/FIN.OF THE GOVT. EXT.P11:- COPY OF THE G.O(P) NO.188/2008/FIN.OF THE GOVT. EXT.P12:- COPY OF THE G.O(P) NO.269/2008/FIN.OF THE GOVT. EXT.P13:- COPY OF THE G.O(P) NO.420/08/FIN.OF THE GOVT. EXT.P14:- COPY OF THE DECISION REPORTED IN 2004(2) KLT 190 EXT.P14(a):- COPY OF THE JUDGMENT OF THIS COURT IN W.A.NO.602/2005 EXT.P15:- COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C) NO.8122/2009 EXT.P16:- COPY OF THE G.O.(Rt.) NO.11/2010/HSG.OF THE GOVERNMENT EXT.P17:- COPY OF THE DECISION REPORTED IN 2010(1) KLT 586 RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.6429 of 2010 (C) --------------------------------- Dated, this the 25th day of May, 2010 J U D G M E N T The petitioner was working as an HSA in an aided school for the period from 06/06/1979 to 22/11/1987. Thereafter she was recruited through the Public Service Commission for appointment to the post of Lower Division Clerk. She was advised for appointment under the 3rd respondent and she joined the post. Subsequently she was promoted as First Grade Assistant and she retired from service on 31/12/2007. 2. The petitioner requested for reckoning the previous service rendered by her for pensionary benefits. That was rejected by Ext.P3, which was challenged before this Court in WP(C) No.8122/2009. That writ petition was disposed of by Ext.P15 judgment dated 27/10/2009 directing that the matter shall be reconsidered. Accordingly, the matter was reconsidered and the petitioner's claim was onceagain rejected by Ext.P16. It is this order which is under challenge. WP(C) No.6429/2010 -2- 3. The main contention raised by the learned counsel for the petitioner is that the issue raised by the petitioner is covered in favour of her in view of the Division Bench judgment in Abdul Jabbar v. K.S.E.B. (2010 (1) KLT 586). In that judgment, it was held that previous service rendered in aided schools can be reckoned for the purpose of pensionary benefits in KSEB. In the facts as noticed above, I see no reason to take a view different from one taken by the Division Bench in Ext.P17 judgment in Abdul Jabbar v. K.S.E.B. (2010(1) KLT 586). Therefore, the rejection of the petitioner's request by Exts.P3 & P16 are set aside. The respondents are directed to revise the pensionary benefits due to the petitioner reckoning her previous service in the aided school for the period from 06/06/1979 to 22/11/1987, in accordance with law. This shall be done as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg