IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WP(C).No. 31815 of 2010(B) --------------------------------------- PETITIONER: ------------------- M.V.KUNHIRAMAN, RETD.UP.SCHOOL TEACHER, ADARSH, PANNENPARA, CHALAD.P.O., KANNUR-670 014. BY ADV. SMT.ASHA CHERIAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE A.E.O., PAYYANNUR-670 307. 3. THE HEADMASTER, PAYYANNUR CENTRAL U.P.SCHOOL, PAYYANNUR-670 307. R1 & R2 BY SR. GOVT. PLEADER SRI. T.T. MUHAMOOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31815/2010-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 02/05/2001/20/09/2001 OF THE R.1. EXT.P.2: COPY OF THE ORDER FCM NO.2208/2004 DTD. 11/11/2004 OF THE COLLECTOR, KANNUR. EXT.P.3: COPY OF THE GOVERNMENT ORDER G.O.(MS).NO.51/95/G. EDN. DTD. 15/03/1995. EXT.P.4: COPY OF THE GOVERNMENT ORDER G.O.(P).NO.356/94/FIN. DTD. 27/05/1994. EXT.P.5: COPY OF THE LETTER NO.8296/PWC/B2/94/FIN. DTD. 21/06/1995 OF THE STATE GOVERNMENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31815 of 2010-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2011. JUDGMENT The petitioner is a retired L.P.S.A. He was working as a Drawing Teacher in Payyannur Central U.P. School from 1963 to 31.3.1993. The period from 19.6.1963 to 31.5.1964 and thereafter from 10.6.1964 to 14.7.1971 was treated as part time. He worked as full time teacher from 15.7.1971 to 31.3.1993 till his retirement. The pensionary benefits were granted reckoning the full time service alone and the complaint raised is that the part time service would be reckoned for pension and other benefits. 2. Initially, the petitioner filed a representation which was rejected as per Ext.P1. It was rejected on the ground that in the light of Govt. Order dated 15.3.1995, in the case of teachers who retired after 27.5.1994 only, 50% of the part time service will be counted for pension. The petitioner's retirement being on 31.3.1993, he was not entitled to get the benefit given as per the said Govt. Order. The petitioner again moved a representation before the People's Contact Programme of the Chief Minister which was rejected as per Ext.P2. Ext.P3 is the copy of Govt. Order dated 15.3.1995. According to the petitioner, there is no rationale in denying the benefit to 31815/2010 2 the petitioner, relying upon the date of retirement. Ext.P5 is an order passed by the Government in favour of another teacher who is similarly placed, according to the petitioner. Therein, the Government agreed to reckon 22 years of service including 50% of part time service for calculating pension. Seeking the indulgence of the Government, the petitioner has again moved by filing Ext.P6 representation. 3. Learned counsel for the petitioner prayed that the Government may be directed to take a decision on Ext.P6 in the light of Ext.P5 order passed by the Government itself. 4. Learned Govt. Pleader submitted that in Ext.P1 the Government took such a view based on the date of retirement. Still, it is upto the Government to take a decision. The petitioner contends that in the light of Ext.P5, the Government can reconsider the matter especially in the light of the financial difficulties of the petitioner. 5. Therefore, there will be a direction to the Government to consider and pass appropriate orders on Ext.P6 representation on its merits and in accordance with law, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) 31815/2010 3 kav/