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High Court of KeralaWA/377/2015dismissed

State Of Kerala v. A.J. Joseph

2015-02-23Honourable Mr.Justice K.Harilal,Honourable Mr.Justice Thottathil B.Radhakrishnan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE K.HARILAL MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 WA.No. 377 of 2015 () --------------------- JUDGMENT IN WP(C) 20495/2013 DATED 23.07.2014 APPELLANTS:

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1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT FINANCE (EXPENDITURE) DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM.

2. THE SECRETARY HIGHER EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM.

3. THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM.

4. THE ACCOUNTANAT GENERAL (A&E) THIRUVANANTHAPURAM KERALA 695 039.

BY ADV.SRI.P.V.LONACHAN, SPEICAL GOVERNMENT PLEADER FINANCE RESPONDENT:

----------- A.J. JOSEPH, AGED 60 YEARS, (RETIRED SELECTION GRADE LECTURER) ST.STEPHENS COLLEGE UZHAVOOR, S/O.JOSEPH, RESIDING AT ALAPPATTU HOUSE KOLANI P.O, THODUPUZHA IDUKKI DISTRICT. 685 608. R BY SRI.SIJI ANTONY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SCL.

THOTTATHIL B. RADHAKRISHNAN & K. HARILAL, JJ.

------------------------------ W.A. No.377 of 2015 ----------------------------- Dated this the 23rd day of February, 2015.

JUDGMENT

Thottathil B. Radhakrishnan, J.

We have heard the learned Special Government Pleader for Finance quite in extenso and also heard the learned counsel for the respondent/writ petitioner.

2.

The writ petitioner is an aided school teacher. He had three prior spells of temporary service in collegiate education. That has already been reckoned as qualifying service for the purpose of pensionary benefits. 3.

The question is as to whether the aided school service, which he had prior to such temporary collegiate service is also eligible to be counted. The aided school temporary service would also fall within Rule 14E of Part III Kerala Service Rules as rightly noted by the learned single Judge.

W.A. No.377 of 2015 -2This appeal is without any merits and the same is liable to be dismissed. We do so.

We are sure that the learned single Judge will grant a short time to the State authorities to comply with the directions contained in the impugned judgment from which this writ appeal arises.

Sd/- THOTTATHIL B. RADHAKRISHNAN JUDGE Sd/- K. HARILAL JUDGE Scl.