IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37905 of 2008(K)
1. T.K.RETNAMMA, RETNABHAVAN,
... Petitioner
Vs
1. ASSISTANT EDUCATIONAL OFFICER,
... Respondent
2. DISTRICT EDUCATIONAL OFFICER,
3. DEPUTY DIRECTOR OF EDUCATION
For Petitioner :SRI.P.R.PADMANABHAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :05/11/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C).No.37905/2008-K
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Dated this the 5th day of November, 2009
J U D G M E N T
The petitioner retired from service on 31/03/2001 as
Headmistress of Government Harijan Lower Primary School,
Vayala, Kottayam. The petitioner’s pensionable service is
computed from 02/02/1972 to 31/07/2000 as 28 years and 6
months and the same is rounded upto 29 years. Before the
commencement of the permanent service on 02/02/1972, she
had worked as P.D Teacher in Government Tribal L.P School,
Cheernthalar for a period of 11 months and 16 days. This
is evidenced from Ext.P2 Service Certificate. The above
period was not counted for reckoning the pensionable
service of the petitioner. The petitioner had been
submitting representations to various authorities. Since
no action was forthcoming in the matter, she filed this
writ petition seeking for a direction to compute the
provisional service of 11 months and 16 days as pensionable
service of the petitioner and to revise and refix her
pension retrospectively from 01/04/2001.
2. The learned Government Pleader on the basis of
written instructions received from the respondents submits
that even though the Pension Sanctioning Authority reckoned
the period of provisional service as qualifying service for
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pension, the Accountant General objected to the same for
the reasons that; (i) provisional service has not been
taken as qualifying service since it was not considered for
granting increment; (ii) the details as to whether the
posting was on Employment/PSC was not available and; (iii)
the Service Certificate was not counter signed by the
Pension Sanctioning Authority. Going by the written
instructions submitted by the Assistant Educational
Officer, Kuruvilangad, the said Officer had also sent the
proposal for reckoning the provisional service of 11 months
and 16 days as qualifying service. The main objection
taken on behalf of the Accountant General is that the
Service Certificate was not counter signed by the Pension
Sanctioning Authority and this remark was included in the
Verification Report issued by that office to the Pension
Sanctioning Authority namely, the Assistant Educational
Officer, Kuruvilangad vide P14/PenA/1689/BL/00-01/456 dated
26/03/2001 and, no reply in this regard is received from
the Pension Sanctioning Authority, till date. It is also
informed that the Pension Sanctioning Authority has now
been addressed by the Office of the Accountant General
(A&E) on 27/04/2009 to forward the revised pensionary
claims of the petitioner with the counter signed Service
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Certificate and on receipt of the revised proposals, the
claims will be processed by the said office.
3. Therefore, the writ petition is disposed of
directing the first respondent to forward the revised
pensionary claims of the petitioner with Service
Certificate duly counter signed by the Pension Sanctioning
Authority, the Assistant Educational Officer, Kuruvilangad
itself in terms of the communication from the office of the
Deputy Accountant General (Pension), dated 27/04/2009
within a period of three weeks from the date of production
of a copy of this Judgment. Since the period of
provisional service of 11 months and 16 days is liable to
be reckoned for the purpose of qualifying service for grant
of pension, there will be a direction to the additional
fifth respondent to take appropriate action, to revise
pension on receipt of the revised pensionary claims of the
petitioner and finalise the same within a period of three
months.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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