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PAMIDIGHANTAM SRI NARASIMHA, PANKAJ MITHAL
Kerala Agricultural University – Appellant
Versus
T. P. Murali @ Murali Thavara Panen – Respondent
JUDGMENT :
PANKAJ MITHAL, J.
1. Heard Shri R. Basant, senior counsel for the petitioner and Shri Gaurav Agrawal, senior counsel for the respondent.
2. Kerala Agricultural University has preferred this Special Leave Petition challenging the judgment and order dated 26.08.2022 passed by the Division Bench of the High Court of Kerala in Writ Appeal No. 298 of 2022, T.P. Murali vs. Kerala Agricultural University. The Division Bench after setting aside the judgment dated 21.12.2021 passed in Writ Petition (C) No.17803 of 2021, quashed the order dated 30.07.2021 passed by the Vice Chancellor of the university terminating the services of the respondent T.P. Murali.
3. The Division Bench in allowing the writ appeal, though quashed the termination order passed against the respondent but refused to direct for his reinstatement as he had attained the age of superannuation during the pendency of litigation. Thus, it only directed the university to decide and disburse the pensionary benefits to the respondent to which he may be entitled as per the relevant statues and rules.
4. The respondent T.P. Murali had joined the Kerala Agricultural University as Assistant Professor on 24.03.1988. After havin
Termination – If a statute provides for doing a thing in a particular manner than it should be done in that fashion only and not otherwise.
Pension eligibility cannot be claimed without meeting statutory service requirements and timely judicial action against employment decisions.
As per Rule 56(4) of Chapter XIV(A) of Kerala Education Rules, 1959, a teacher shall cease to be in service after a continuous absence of 5 years whether with or without leave.
Only regular full-time service qualifies for pension; leave vacancy service does not count under the amended rules effective at the time of retirement.
Resignation does not entitle an employee to terminal leave encashment or gratuity under service rules, which require retirement or termination for such claims.
Resignation does not entitle an employee to terminal leave encashment or gratuity under service rules, which require retirement or termination for such claims.
Rule 56(4) specifically mandates that a teacher shall cease to be in service after a continuous absence of 5 years, whether with or without leave.
An employee has the right to seek curtailment of sanctioned leave and rejoin duty, barring statutory prohibitions.
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