IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WA.No. 1521 of 2009() --------------------- AGAINST THE JUDGMENT IN WPC.14836/2004 Dated 21/11/2008 APPELLANT: PETITIONER ------------------------ T.K.PRATHAPAN,VARUMPILLISSERIL, VAVAKKAD,MOOTHAKUNNAM P.O.,N.PARAVUR, ERNAKULAM DISTRICT,PIN-683 516. BY ADV. SMT.S.KARTHIKA RESPONDENTS: RESPONDENTS -------------------------- 1. STATE OF KERALA,REP.BY ITS SECRETARY TO GOVT., FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. 3. THE ACCOUNTANT GENERAL, TRIVANDRUM, KERALA. BY GOVERNMENT PLEADER SRI. N. MANOJ KUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1521 OF 2009 --------------------------------------------- Dated this the 23rd day of July, 2009 JUDGMENT Balakrishnan Nair, J. The appellant was the writ petitioner. He retired from service while working as Lecturer in Mathematics in S.N.M. College, Malliankara on 31.3.2000. He joined the college on 15.10.1981. Prior to that, he has served as Scientific Assistant in the Institute of Armament Technology under the Defence Department from 15.1.1973 to 12.10.1981. The appellant/writ petitioner wanted the said service under the Central Government also to be counted for computing his pensionary benefits. When the representation making the above claim filed by the Teachers' Organisation was rejected by the Government, the Writ Petition was filed seeking appropriate reliefs. The learned Single Judge dismissed the Writ Petition and hence this appeal. 2. The appellant was not able to show any rule or order which binds W.A. 1521/2009 2 the Government to count the service under the Central Government also for granting pensionary benefits. Where there is a right, there is a remedy. In the absence of any right, no relief can be granted to the appellant. So, we find no reason to interfere with the judgment under appeal. Accordingly, the Writ Appeal fails and it is dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. 1521/2009 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO.1521/2009 JUDGMENT 23rd July, 2009