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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
Emmanual Unni Kalapurakal – Appellant
Versus
Government Of Kerala – Respondent
| Table of Content |
|---|
| 1. retirement and pension grievances raised. (Para 1 , 2 , 3) |
| 2. contentions concerning pension rights and recognitions. (Para 4 , 5) |
| 3. judicial focus on just hearings and pension rights. (Para 6 , 10) |
| 4. rules governing pension calculations and service reckoning. (Para 7 , 8 , 9) |
| 5. court's direction for reconsideration of claims. (Para 11) |
JUDGMENT :
Dated this the 26th day of September, 2025 Petitioner submits that after rendering an unblemished service he retired on 23.01.2006 while working as Lecturer in Zoology (Selection Grade) from St.Albert’s College, Ernakulam. Petitioner has raised several grievances in the above writ petition. One of which is that the petitioner was granted pension only with effect from 10.05.2015 on the ground that he has submitted his application for pension belatedly and that by virtue of Rule 110 Part III KSR his claim for pension with effect from the date of retirement cannot be granted.
3. The learned Government Pleader based on the counter affidavit filed submits that the claim raised by the petitioner in Ext.P16 was duly considered by the Government, and on finding that the claim raised is not sustainable in accordance with law, the sa
Pension is a property right protected under Article 300A of the Constitution, requiring just procedures for sanction and review of claims.
Pension eligibility cannot be claimed without meeting statutory service requirements and timely judicial action against employment decisions.
Only regular full-time service qualifies for pension; leave vacancy service does not count under the amended rules effective at the time of retirement.
Interruption in service of an employee will not count for pension: Provided that regular service before interruption is eligible to be reckoned as qualifying service for pension and period of such in....
The main legal point established in the judgment is the requirement of completing a minimum qualifying service of 10 years for pension eligibility, as per the relevant statutes and precedents.
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
Court emphasized the inclusion of prior service in pension calculations, affirming eligibility as per established rules.
Part-time service can be counted towards pension eligibility under Maharashtra Civil Services (Pension) Rules, 1982, provided cumulative service exceeds ten years.
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