ABDUL SALAM Y v. THE STATE OF KERALA
Case at a glance
- Bench
- MOHAMMED NIAS C P
Outcome
Disposed of
The writ petition is disposed of as above
Key paragraphs
- Para 55. In view of the above statement, there will be a direction to the 1st respondent to decide whether the petitioner’s service as Junior Accountant in the Treasury Department between July 1978 and 17.10.1981 can also be counted as qualifying service for the purpose of…
Judgment
SRI.PREMCHAND R.NAIR, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) No.35157 of 2019 2 MOHAMMED NIAS C.P, J. --------------------------------------------- W.P(C).No.35157 of 2019 ------------------------------------------------------ Dated this the 31st day of January, 2024 JUDGMENT The petitioner retired on attaining superannuation while working as a Selection Grade Lecturer (Arabic) in the UGC grade with effect from 31.03.2010 from MSM College, Kayamkulam, in which the 5th respondent is the Principal.
From the pension payment order, Ext.P1, it is seen that the petitioner’s service in the college from 19.10.1981 to
31.03.2010 alone was counted as qualifying service for the purpose of computing pension. The petitioner claims that before joining the service in MSM College, Kayamkulam, he had worked as a Junior Accountant from July 1978 till 17.10.1981. This period, according to the petitioner, is also be reckoned for the purpose of granting the pensionary benefits, adding the same as part of qualifying service. W.P(C) No.35157 of 2019 3
The petitioner, therefore prays for a direction to the 2nd and 3rd respondents to reckon his previous service as a Junior Accountant in the Treasure Department from July 1978 to
17.10.1981, as qualifying service and to recompute the pensionary benefits accordingly.
A statement has been filed on behalf of the 2nd respondent, pointing out that the service book of the petitioner maintained in the Treasury department had not been furnished to the office of the 2nd respondent and that no reliable document was given for showing the employment covering the period in question. It is also stated that it is for the government to take a decision.
Operative part
In view of the above statement, there will be a direction to the 1st respondent to decide whether the petitioner’s service as Junior Accountant in the Treasury Department between July 1978 and 17.10.1981 can also be counted as qualifying service for the purpose of computing the pension. The 1st respondent will issue a notice to the petitioner and take a decision in accordance with law, after affording an opportunity of hearing to the petitioner. This shall be done within a period of four months W.P(C) No.35157 of 2019 4 of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- MOHAMMED NIAS C.P JUDGE W.P(C) No.35157 of 2019 5 APPENDIX OF WP(C) 35157/2019 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 TRUE COPY OF THE PENSION PAYMENT ORDER OF THE PETITIONER. TRUE COPY OF THE CERTIFICATE FROM THE SUB TREASURY OFFICER, KAYAMKULAM TRUE COPY OF THE APPLICATION DATED 29- 10-2018 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT TREASURY OFFICER ALPPUZHA TRUE COPY OF THE REPLY DATED 17-11- 2018 TRUE COPY OF THE REPLY DATED 18-11- 2018 FROM THE SUB TREASURY KAYAMKULAM.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.