IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WA.No. 2347 of 2008() -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31377/2008 Dated 24/10/2008 .................... APPELLANT(S): APPELLANT ----------------------- P.SUBRAMANYA SHARMA VATHALLOOR ILLAM THOTTAKKONAM MUDIYOORKONAM.P.O,., PANDALAM, PATHANAMTHITTA. BY ADV. SRI.K.RAVEENDRAN SRI.P.S.RAMACHANDRAN PILLAI RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL OF KERALA, THIRUVANANTHAPURAM. 3. DIRECTOR OF PUBLIC INSTRUCTIONS TRIVANDRUM 4. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 5. ASSISTANT EDUCATIONAL OFFICER ARANMULA. GOVERNMENT PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- W.A. No. 2347 of 2008 --------------------------------------- Dated this the 9th day of December, 2008 Judgment Koshy,J. Appellant-Petitioner resigned from service after ten years and five months as UPSA. The whole question is whether he will get pension. Eligibility to get pension by a teacher is mentioned under Chapter XXVII, rule 12 (a) which reads as follows: “12. (a) A teacher shall be eligible for payment of pension or gratuity as the case may be: (i) on retirement after attaining the age of superannuation under rule 8 or on voluntary retirement after completing la qualifying service of 30 years. (ii) on discharge due to the abolition of the post, or (iii) on discharge due to invalidation on medical grounds.” Rule 12 (b) provides that even if he is entitled to get pension under section 12 (a), to get pension, he should have ten years' of service and how pension is calculated is also mentioned under section 12 (b). So, a teacher will get pension only on retirement after attaining W.A.No. 2347/2008 2 the age of superannuation or on voluntary retirement after completing the qualifying service of 30 years or on discharge from service due to abolition of post or on discharge due to invalidation on medical ground. Petitioner has not retired from service on attaining the age of superannuation. There is no voluntary retirement on his part after completing 30 years. He was also not discharged. In the circumstances, he is not entitled to get pension. Hence appeal is dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa W.A.No. 2347/2008 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- W.A.No. 2347/2008 ------------------------------------- Judgment Date:9th December,2008