State Of Kerala & Others vs Annie Loukose And Another on 5 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1771 of 2008()



1. STATE OF KERALA & OTHERS
                      ...  Petitioner

                        Vs

1. ANNIE LOUKOSE AND ANOTHER
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :05/09/2008

 O R D E R
                   J.B. KOSHY & THOMAS P.JOSEPH, JJ.
                   ------------------------------------------------------------
                               W.A.NO: 1771 of 2008
                    -----------------------------------------------------------
                    Dated this the 5th September2008.

                                       JUDGMENT

Koshy, J.

The petitioner was Lecturer, Selection Grade, in the Department of

Mathematics at B.E.M.College, Kottayam. She was regularly appointed in

the permanent post in 9.1.1985. But in 1982 she was employed in a

leave vacancy for four months. So she had four months temporary

service. If that service is also counted she will be having more than 20

years eligible service for getting retiral benefits. She made a request for

voluntary retirement. That was accepted on the understanding that

counting the entire period, she will be entitled to pension. It was not

granted on the ground that the above services during leave vacancy

cannot be reckoned as completing 20 years of service. If prior service is

not counted, there is shortage of 81 days to complete 20 years. The

learned Govt. Pleader submitted that it was a provisional service and it

was a service on leave vacancy. The learned Judge observed as follows:-

“Admittedly, it was because of the mistake committed
by both the petitioner and the department, (if there is such
a mistake) that the petitioner was allowed to retire before
completing 20 years of service. Without completing 20
years of service, the respondents could not have validly
allowed the petitioner to retire from service. In the above
circumstances, I am of the opinion that for enabling the
petitioner to draw pension, provisional service for the
period from 21.8.1982 to 17.12.1982 can be reckoned as
service to complete 20 years of service. Accordingly, I direct
respondents 1 to 4 to sanction and disburse retirement

W.A.1771/08 2

benefits due to the petitioner in accordance with the above
directions within a period of two months from the date of
receipt of a copy of this judgment. I make it abundantly
clear that this direction is as a very special case because for
the peculiar facts and circumstances obtaining only for the
purpose of enabling the petitioner to complete 20 years of
service, and the same shall not be treated as law on the
subject of treating provisional service as service counting
for pension.”

2. The learned Judge has exercised the discretionary jurisdiction

under Art.226 of the Constitution of India. The only change is that

instead of provisional service it can be stated as earlier service. Earlier

service was a service on leave vacancy. The learned Judge has made it

clear that it is applicable to the petitioner only as the peculiar facts of

the case. Considering the above circumstances we are not granting the

relief prayed for. Writ appeal is dismissed.

J.B.KOSHY
Judge

THOMAS P. JOSEPH
Judge

jj

K.K.DENESAN & V. RAMKUMAR, JJ.

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M.F.A.NO:

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JUDGMENT

Dated: