IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1202 of 2008()
1. DHARMMA STEPHEN, W/O.ROBERT TEACHER
... Petitioner
Vs
1. DEPUTY DIRECTOR( EDUCATION)
... Respondent
2. ASST.EDUCATIONAL OFFICER, CHATHANNUR
3. CORPORATE MANAGER, MANAGEMENT OF
4. STATE OF KERALA, REP. BY THE SECRETARY
5. HEADMISTRESS, ST.MARY'S LP SCHOOL,
For Petitioner :SRI.M.V.THAMBAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :20/06/2008
O R D E R
J.B.KOSHY & P.N.RAVINDRAN, JJ.
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W.A.No.1202 OF 2008
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Dated 20th June, 2008
JUDGMENT
Koshy,J.
Appellant/petitioner joined service on 26.9.1960. After
completion of training, she had continuous service from 6.6.1963. She
submitted her resignation on 15.6.1983. The above resignation letter
was attested by two co-teachers in the school. It was accepted by the
Assistant Educational Officer. According to the petitioner, she did not
submit resignation letter and only applied for leave, but, she did not
rejoin duty even after expiry of the alleged leave applied for by her.
After going through the documents, educational authorities at various
levels found that she submitted resignation and her present contention
that she did not submit resignation letter is false and it is only for getting
pensionary benefits. The learned single Judge also perused the
documents and came to the conclusion that actually she resigned and in
an intra-court appeal it requires no interference. Under Rule 29 of Kerala
Service Rules – Part III resignation from the service entails forfeiture of
past service. Chapter XIV C Rule 62 of Kerala Education Rules also
states that premature resignation from the school entails forfeiture of
past service and of any retiring allowance to which the teacher who
W.A.1202/2008 2
prematurely resigns would otherwise have been eligible. The date of
retirement is 31.3.1992. Petitioner filed her first representation in
1997. In the above circumstances, we find no infirmity in the
judgment of the learned single Judge and she has no legal right to
claim for pension. However, this will not prevent the petitioner from
approaching the authorities for favourable consideration (not as a
matter of right) to treat her service period before resignation as
eligible service.
The appeal is dismissed.
J.B.KOSHY
JUDGE
P.N.RAVINDRAN
JUDGE
tks