2025:KER:29057 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 38627 OF 2024 PETITIONER: ABDUL RASHEED M AGED 57 YEARS S/O. K. ABDUL MAJEED, NON-VOCATIONAL TEACHER (SEL GR) RETIRED, P.M.S.A.P.T.S.V.H.S.S, KAIKOTTUKADAVU, ELAMBACHI POST, KASARAGOD DISTRICT, PIN - 671311 BY ADVS. POOVAMULLE PARAMBIL ABDULKAREEM K.N.KUMARASWAMY SARMA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE (PENSION-B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 3 SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2025:KER:29057 WP(C) NO.38627 of 2024 2 4 ACCOUNTANT GENERAL (A & E) OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM, PIN - 695039 5 DIRECTOR OF GENERAL EDUCATION DEPARTMENT OF VOCATIONAL HIGHER SECONDARY EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 6 ASSISTANT DIRECTOR OFFICE OF THE ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, PAYYANNUR, KANNUR DISTRICT, PIN - 670307 7 PRINCIPAL P.M.S.A.P.T.S.V.H.S.S, KAIKOTTUKADAVU, ELAMBACHI POST, KASARAGOD DISTRICT, PIN - 671311 SMT. ANIMA M.,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29057 WP(C) NO.38627 of 2024 3 JUDGMENT Dated this the 4th day of April, 2025 The writ petition has been filed by the petitioner seeking the following reliefs:- “i) To issue writ of certiorari or other appropriate writ, order quashing Ext.P7 objection issued by the 5th respondent after the retirement of the petitioner is illegal, arbitrary and unjustifiable., or in the alternative to declare that Ext.P7 cannot be enforced as against the petitioner as it is illegal and unsustainable. ii) To issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondents to accept Ext.P6 pension proposal and to sanction and disburse the pensionary benefits due to the petitioner forthwith. iii) To declare that the petitioner is eligible for increments and pension by reckoning the Leave Without Allowance taken for study purpose for the period from 22.10.1997 to 31.05.1998 as it is sanctioned without imposing any condition and prior to the amendment introduced as per SRO No.526/2005 dated 11.05.2005. iv) To declare that the petitioner is entitled to get all the service benefits including pension of the period from 22.10.1997 to 31.05.1998 in the light of Exts.P4 & P5 Government orders and Ext.P8 Judgment.” 2025:KER:29057 WP(C) NO.38627 of 2024 4 2. Government Pleader has filed a memo dated 26.03.2025, wherein the Government Pleader has produced G.O.(Rt) No.2188/2025/G.Edn. dated 23.03.2025. By the said Government Order dated 23.03.2025, the relief sought for by the petitioner has been allowed by the Government. In the circumstances, the writ petition is disposed of directing the respondents to accept Ext.P6 pension proposal and to sanction and disburse the pensionary benefits due to the petitioner, within a period of two months. Sd/- N.NAGARESH JUDGE hmh 2025:KER:29057 WP(C) NO.38627 of 2024 5 APPENDIX OF WP(C) 38627/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 03/06/1996 ISSUED BY THE MANAGER AND APPROVED BY THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE G.O(RT)NO.2539/99/G. EDN DATED 03/06/1999 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER NO. A1/18/2002 DATED 13/03/2002 ISSUED BY THE 7TH RESPONDENT Exhibit P4 TRUE COPY OF THE G.O(P)NO. 305/82/FIN. DATED 18/06/1982 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE G.O(MS)NO.69/10/G.EDN. DATED 28/04/2010 ISSUED BY THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE PENSION PROPOSAL DATED 26/11/2023 SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER NO.VHSE/1040/2024-E5 DATED 08/05/2024 ISSUED BY THE 5TH RESPONDENT Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 14/01/2009 IN WA NO.1917/2008 AND CONNECTED CASES ISSUED BY THIS HON’BLE COURT 2025:KER:29057 WP(C) NO.38627 of 2024 6 Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 30/11/2024 SUBMITTED BY THE PETITIONER