IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 27464 of 2011(G) ------------------------------------ PETITIONER(S): ----------------------- 1. M.A.JOHN, MYLADUMKUNNEL, KOLENCHERRY P.O., ERNAKULAM DISTRICT, PIN-682 311. 2. M.MATHEW ABRAHAM, MULLAMCATTIL HOUSE, NELLIKAMON P.O., RANNY. 3. MOAN.E.V., ERALIL HOUSE, VADAYAMPADY P.O., PUTHENCRUZ, ERNAKULAM DISTRICT, PIN-682 308. 4. K.C.PHILIP, KOVINDAPARAMPIL RAJ VILLA, NIRANAM P.O., THIRUVALLA. 5. C.T.PAULOSE, CHAKKANAKUZHIYIL, KOLENCHERRY P.O., ERNAKULAM DISTRICT, PIN-682 311. 6. V.I.SARAMMA, ELANJIVEETTIL HOUSE, OLASSA P.O., KOTTAYAM, PIN-686 014. BY ADV. SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMNET SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM-695 001. 3. THE MANAGER, ST.PETER'S COLLEGE TRUST, KOLENCHERY, ERNAKULAM DISTRICT-682 311. R1 & R2 BY GOVT. PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27464/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE ORDER DTD.6/7/71 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P2: TRUE COPY OF THE ORDER DTD.11/1/93 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P3: TRUE COPY OF THE ORDER DTD.31/7/85 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P4: TRUE COPY OF THE ORDER DTD.12/11/98 ISS BY THE ACCOUNTANT GENERAL TO THE 1ST PETITIONER. EXHIBIT P5: TRUE COPY OF THE ORDER DTD.18/2/02 ISSUED BY THE ACCOUNTANT GENERAL TO THE 1ST PETITIONER. EXHIBIT P6: TRUE COPY OF THE ORDER DATED 1/9/67 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P7: TRUE COPY OF THE ORDER DATED 6/7/81 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. EXHIBIT P8: TRUE COPY OF THE ORDER DTD.31/7/85 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P9: TRUE COPY OF THE ORDER DTD.9/6/99 ISSUED BY THE ACCOUNTANT GENERAL TO THE 2ND PETITIONER. EXHIBIT P10: TRUE COPY OF THE ORDER DTD.6/8/82 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER. EXHIBIT P11: TRUE COPY OF THE ORDER DTD.7/8/2001 ISSUED BY THE ACCOUNTANT GENERAL TO THE 3RD PETITIONER. EXHIBIT P12: TRUE COPY OF THE ORDER DATED 1/6/71 ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER. EXHIBIT P13: TRUE COPY OF THE ORDER DTD.23/7/80 ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER. EXHIBIT P14: TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT PERMITTING THE 4TH PETITIONER TO REJOIN DUTY. EXHIBIT P15: TRUE COPY OF THE ORDER DTD.3/6/99 ISSUED BY THE ACCOUNTANT GENERAL TO THE 4TH PETITIONER. EXHIBIT P16: TRUE COPY OF THE ORDER DTD.29/4/83 ISSUED BY THE 3RD RESPONDENT TO THE 5TH PETITIONER. EXHIBIT P17: TRUE COPY OF THE ORDER DTD.2/5/85 ISSUED BY THE 3RD RESPONDENT TO THE 5TH PETITIONER. W.P.(C) NO.27464/2011 EXHIBIT P18: TRUE COPY OF THE ORDER DTD.25/8/94 ISSUED BY THE ACCOUNTANT GENERAL TO THE 5TH PETITIONER. EXHIBIT P19: TRUE COPY OF THE ORDER DTD.18/6/70 ISSUED BY THE 3RD RESPONDENT TO THE 6TH PETITIONER. EXHIBIT P20: TRUE COPY OF THE ORDER DTD.17/11/78 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P21: TRUE COPY OF THE ORDER DATED 9/6/83 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P22: TRUE COPY OF THE ORDER DTD.18/4/2000 ISSUED BY THE ACCOUNTANT GENERAL TO THE 6TH PETITIONER. EXHIBIT P23: TRUE COPY OF G.O.(MS)NO.137/85/H.EDN. DTD.24/6/85. EXHIBIT P24: TRUE COPY OF LETTER DTD.6/5/85 ISSUED BY THE GOVERNMNET. EXHIBIT P25: TRUE COPY OF THE JUDGMENT DTD.20/6/95 IN OP.7378/93 OF THIS HON'BLE COURT. EXHIBIT P26: TRUE COPY OF THE JUDGMENT DTD.20/9/01 IN OP.14224/96 OF THIS HON'BLE COURT. EXHIBIT P27: TRUE COPY OF THE JUDGMENT DTD.20/9/01 IN OP.16143/98 OF THIS HON'BLE COURT. EXHIBIT P28: TRUE COPY OF THE JUDGMENT DTD.21/2/90 IN CIVIL APPEAL NO.1257/90 OF THE HON'BLE SUPREME COURT. EXHIBIT P29: TRUE COPY OF THE JUDGMENT DTD.19/5/2010 IN WPC.12615/04 AND CONNECTED CASES, OF THIS HON'BLE COURT. EXHIBIT P30: TRUE COPY OF THE REPRESENTATION DTD.5/10/11 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27464/2011-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of October, 2011 J U D G M E N T The petitioners have retired from service from St.Peter's College, Kolenchery on various dates. The substantial grievance raised by the petitioners is regarding the non reckoning of the period of Leave Without Allowance availed by them for taking up employment abroad towards qualifying service for calculating pensionery benefits and placement under the UGC Scheme. The petitioners have given in detail their service particulars in paragraphs 1 to 7 of the writ petition. 2. The petitioners are relying upon various Judgments of this Court and the Apex Court, namely, Exts.P25 to P29, which according to them support their claim. This Court has upheld the claim of similarly placed teachers. The petitioners have approached the Government by filing Ext.P30 representation. They are seeking for a direction to the Government to take a decision on Ext.P30 within a time frame. W.P.(C). No.27464/2011 -:2:- 3. Heard the learned Government Pleader appearing for respondents 1 and 2. 4. I am not expressing anything on the merits of the claim of the petitioners. The representation Ext.P30 is dated 05/10/2011. There will be a direction to the Government to consider and pass orders on Ext.P30 with notice to the petitioners and after hearing the representative of them within a period of five months from the date of receipt of a copy of this Judgment. The petitioners will produce a copy of the writ petition along with a certified copy of this Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms