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High Court of KeralaWP(C)/21432/2015disposed of

Dr V T Mathew v. State Of Kerala

2015-07-16Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 WP(C).No. 21432 of 2015 (D) -------------------------------------- PETITIONER(S):

-------------------------- DR. V T MATHEW AGED 64 YEARS, (RETIRED PRINCIPAL, ST.JOSEPH'S TRAINING COLLEGE, MANNANAM), RESIDING AT VADAKKUMUKALAYIL KANJIRATHANAM PO, MANJOOR, KOTTAYAM DISTRICT PIN - 686 603 BY ADVS.SRI.SAJU JOHN SRI.JELSON J.EDAMPADAM RESPONDENT(S):

---------------------------- 1.

STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001 2.

THE DIRECTOR OF COLLEGIATE EDUCATION DIRECTORATE OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN -695 033 3.

THE ACCOUNTANT GENERAL (A&E), KERALA THIRUVANANTHAPURAM, PIN - 695 001 4.

THE PRINCIPAL, ST.JOSEPH'S TRAINING COLLEGE MANNANAM PO, KOTTAYAM DISTRICT - 686 001 R BY GOVERNMENT PLEADER, SMT.M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 21432 of 2015 (D) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------- EXT.P1 TRUE COPY OF THE LETTER No.15992/06/COLL.EDN. DATED /04/2006. EXT.P2 TRUE COPY OF THE REPRESENTATIION DATED 27.07.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT.P3 TRUE COPYU OF THE LETTER OF THE 4TH RESPONDENT DATED 28.07.2008.

EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 07.10.2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 27.01.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT.P6 TRUE COPY OF THE LETTER NO.N2/22493/2011 DATED 08.10.2012 OF THE 2ND RESPONDENT.

EXT.P7 TRUE COPY OF THE GOVERNMENT LETTER No.44230/D1/12/H.EDN, DATED 07.02.2013.

EXT.P8 TRUE COPY OF THE REPRESENTATION DATED 24.06.2014 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P9 TRUE COPY OF THE GO(RT) NO.533/2015/H.EDN. DATED 19.03.2015. EXT.P10 TRUE COPY OF THE LETTER N-2/22493/2011/CED DATED 30.05.2014 OF THE 2ND RESPONDENT.

EXT.P11 TRUE COPY OF THE LETTER No.N-2/22493/2011/CED DATED 06.12.2014 OF THE 2ND RESPONDENT.

EXT.P12 TRUE COPY OF THE GO(P) 319/85/FIN. DATED 05.06.1985. EXT.P13 TRUE COPY OF THE REPRESENTATION DATED 24.06.2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P14 TRUE COPY OF THE POSTAL ACKNOWLEDGE CARD.

RESPONDENT'S EXHIBITS:- ------------------------------------------ NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 21432 of 2015 ===================================================== Dated this the 16th day of July, 2015

JUDGMENT

Against Ext.P9 order that directs certain mistakes to be rectified in the counting of aided school service along with the college service rendered by the petitioner for the purposes of payment of pension, the petitioner has preferred Ext.P13 representation before the 1st respondent. The limited prayer in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P13 representation expeditiously, after hearing the petitioner.

2.

I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.

On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P13 representation preferred by the petitioner before him, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. I make it clear that, till such time as orders are passed by the 1st respondent as directed

-2W.P.(C). No. 21432 of 2015 and communicated to the petitioner, the recovery contemplated in Ext.P9 shall be kept in abeyance. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 1st respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das