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2022 Supreme(Online)(KER) 20081

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
SHINOJ JACOB – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
LINDONS C.DAVIS, E.U.DHANYA, SWATHY A.P.

JUDGMENT

The above writ petition is filed seeking issuance of directions to the respondents to include the petitioners in the Statutory Pension Scheme in terms of Part-III of the KSR instead of the National Pension Scheme and also for issuance of directions directing the respondents to refund the pension contribution deducted from the petitioners'

salary towards the NPS along with accrued interest.

2. The petitioners contend that petitioners 1 and 2 were appointed as Higher Secondary School Teacher (Junior) on 11.03.2013, petitioners 3 and 4 were appointed as Higher Secondary School Teacher (Junior) on 15.03.2013, and petitioners 5 and 6 were appointed as Lab Assistants on 15.03.2013 and 22.03.2013. However, the RDD approved the appointment of the petitioners only with effect from 03.06.2013. According to them, much later, by Exts.P4, P5, and P6 orders, petitioners have been granted approval with effect from the initial date itself. However, on the premise that the appointment of the petitioners was after 01.04.2013, the respondents have refused the request of the petitioners to be included in the Statutory Pension Scheme, and it was further held that the petitioners will have to be

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