High Court Kerala High Court

V.Koman vs State Of Kerala on 19 October, 2006

Kerala High Court
V.Koman vs State Of Kerala on 19 October, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 1294 of 2003(D)


1. V.KOMAN, RETIRED TEACHER,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. DEPUTY DIRECTOR OF EDUCATION,

3. THE ACCOUNTANT GENERAL (A & E),

                For Petitioner  :SMT.P.V.ASHA

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :19/10/2006

 O R D E R
                               KURIAN JOSEPH, J.
                              ----------------------------
                             O.P.No.1294  OF 2003
                              -----------------------------
               Dated this the 19th day of October, 2006

                                  J U D G M E N T

The writ petition is filed with the following prayers:-

ii) issue a writ of certiorari or other appropriate order or
direction and quash Ext.P2 and P3;

iii) declare that the temporary service rendered by the
petitioner as PD Teacher in various Government Schools
between 8.12.1971 and 30.4.1975, prior to his entry in aided
school is liable to be reckoned towards qualifying service for the
purpose of pension and issue a writ of mandamus or other
appropriate writ, order or direction commanding the
respondents to re-fix the pensionary benefits of petitioner
reckoning the aforesaid period of service and to grant him all
consequential benefits including payment or arrears thereof
and interest at the rate of 12% per annum for the period from
1.7.2000.

Despite several opportunities given by this court, there is no

counter affidavit. The issue apparently seems to be covered by

the decision of this court reported in Jacobkutty v. State of

Kerala [2004(2)KLT 190]. I quash Exts.P2 and P3. There will be

a direction to the 1st respondent to look into the case of the

petitioner in the light of the decision referred to above and pass

appropriate orders thereon in accordance with law, within a

period of four months from the date of receipt of a copy of this

judgment. In case the petitioner requests for an opportunity for

hearing, the same shall be granted.

(KURIAN JOSEPH, JUDGE)
ps

O.P.No. :2:

KURIAN JOSEPH, J.

O.P.No.1294/2003

JUDGMENT

19th October, 2006