Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE MURALI PURUSHOTHAMAN, J
P. JAMEELA D/o N SREEDHARAN – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
(MURALI PURUSHOTHAMAN, J.)
The petitioners are retired members of the Kerala Public Service Commission (PSC). The 1 st petitioner, who retired on 31.03.2010 as Joint Director of Forensic Science Laboratory under the Home Department, was appointed as Member of the PSC as per Ext.P1 Government Order. Vide Ext.P1, the 2 nd petitioner who retired on 31.03.2010 as a Teacher from BCM College, Kottayam was also appointed as Member of the PSC. The 3 rd petitioner retired from Sasthamkotta Devaswom Board College as Associate Professor on 31.03.2010 and was appointed as the Member of the PSC as perExt.P2 Government Order.
2. The Kerala Public Service Commission (Composition and Conditions of Service of Members and Staff) Regulations, 1957 (hereinafter referred to as 'the Regulations') are framed under Article 318 of the Constitution of India . Regulations 7 and 7A relate to the reckoning of pension for the Chairman and Members of the PSC. As per the Regulations, the Chairman or other Member of the PSC, who, on the date of his entering on duties as such, was in the service of the Government of Kerala, shall count his service as Chairman/Member for pension under the Rules applicable to
The court ruled that similarly situated individuals must be treated equally in administrative decisions regarding pension entitlements, reinforcing constitutional rights against arbitrary discriminat....
It is settled proposition of law that provisions are required to be read as they exist.
Pension revisions cannot be denied based on financial constraints or arbitrary classifications based on retirement dates, ensuring equal treatment for all pensioners.
Court affirms right to pension based on last position held, enforcing past judgments.
The main legal point established in the judgment is that rights and benefits already earned or acquired under existing rules cannot be taken away by amending the rules with retrospective effect.
Pension calculations for retiring employees must conform to issued Office Memorandums, and claims for parity with post-2006 retirees must be substantiated through challenge of existing regulations, o....
The court affirmed the right of provisional employees to have prior service counted towards pension benefits.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
