High Court Kerala High Court

T.K.Retnamma vs Assistant Educational Officer on 5 November, 2009

Kerala High Court
T.K.Retnamma vs Assistant Educational Officer on 5 November, 2009
       

  

  

 
 
  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.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  W.P.(C).No.37905/2008-K
                 ~~~~~~~~~~~~~~~~~~~~~~~~~~~
           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

W.P.(C). No.37905/2008
-:2:-

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

W.P.(C). No.37905/2008
-:3:-

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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