IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 25550 of 2009(K) -------------------------- PETITIONER: --------------- C.SARADA, AGED 55 YEARS, W/O.M.KALADHARAN, RETD. PART TIME NEEDLE WORK TEACHER, D.M.U.P.SCHOOL, ELAVANCHERY, RESIDING AT CHERUNGOLIKALAM, KARIPODE P.O., PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. THE ACCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. ASST. EDUCATIONAL OFFICER, KOLLANGODE, PALAKKAD. 5. THE MANAGER, D.M.U.P.SCHOOL, ELAVANCHERY, PALAKKAD. BY GOVERNMENT PLEADER SMT.M.T.SHEEBA FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.25550/09 PETITIONER'S EXTS: EXT.P1: COPY OF RELEVANT PAGES OF DATA INPUT SHEET SEEKING TO GRANT PENSION AND DCRG. EXT.P2: COPY OF VERIFICATION REPORT DT.19.1.09 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF COMMUNICATION SENT BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT DT.9.2.09. EXT.P4: COPY OF COMMUNICATION RECEIVED FROM THE 1ST RESPONDENT BEARING NO.P18/100929982/I/52 DT.18.5.09. EXT.P5: COPY OF GO(MS)NO .51/95/G.EDN. DT.15.3.95. EXT.P6: COPY OF GO(MS)NO.62/73/S.EDN. DT.2.5.73. EXT.P7: COPY OF GO(MS)NO.474/69/EDN. DT.9.12.69. EXT.P8: COPY OF GO(MS)NO.56/971/S DT.19.5.71. EXT.P9: COPY OF GO(RT)NO.5081/2000/G.EDN. DT.12.12.2000. EXT.P10: COPY OF GO(RT)NO.4269/2000/G.EDN. DT.21.10.2000. EXT.P11: COPY OF GO(MS)NO.257/09/G.EDN. DT.31.12.09. EXT.P12: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DT.15.9.11. RESPONDENTS EXTS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.25550 of 2009 -------------------------------------------------- DATED THIS THE 9th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner who was working as a Part Time Needle Work Teacher is seeking to quash Exhibits P2 to P4, which denied grant of pension on a full time basis. 2. The 1st respondent has filed a counter affidavit justifying the action. 3. Along with I.A.No.17582/2011, the petitioner has produced Exhibit P11 order, whereby the Government has granted full time benefit to 102 Part Time Specialist Teachers in Government and aided schools who have completed 15 years of service. The learned counsel for the petitioner points out that the petitioner is also similarly placed and had been omitted to be included in Exhibit P11, obviously by a mistake. The learned counsel for the petitioner also points out that order dated 10.1.2009 referred as item 1 in Exhibit P11 was issued while the petitioner was in service and the petitioner retired from service on 31.3.2010. The learned counsel for the petitioner thus W.P.(C)No.25550/09 -2- contends that the petitioner is also entitled for the benefit of Exhibit P11 order. Seeking for such a benefit,the petitioner has filed Exhibit P12 representation before the Government. It is prayed that the Government may be directed to consider the same in the light of Exhibit P11 order. 4. It is upto the Government to take a decision in the matter in accordance with the orders passed. There will be a direction to the Government to pass appropriate orders on Exhibit P12 representation, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will produce copies of the orders which she is relying upon before the Government for consideration. The Writ Petition is accordingly disposed of. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn