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2025 Supreme(Online)(Ker) 54030
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
TOME JOSE. E – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 42827 OF 2025
For the Appellants/Petitioners: SRI.V.A.MUHAMMED, SRI.V.RAJASEKHARAN NAIR
For the Respondents: SRI. JIMMY GEORGE.
Recognition of prior service against a resignation vacancy for pension benefits is mandated when sufficient justification is lacking for denial.
Headnote:The case pertains to the determination of pensionary benefits of a retired Music Teacher, for which the petitioner seeks recognition of service from 01.08.1989 to 28.02.2009 against a resignation vacancy as specified in KSR. The court found that the denial of this service for the pension calculation lacks justifiable grounds. The court directed timely consideration of the petitioner's revision petition (Ext.P11) regarding the reckoning of his prior service in the pension benefits within three months. The court also noted that no specific rule was cited preventing the approval of resignation with retrospective effect.
| Table of Content |
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| 1. petitioner claimed former service recognition for pension calculation. (Para 1 , 2 , 3 , 4 , 6) |
| 2. dge rejection for prior service consideration lacks justification. (Para 8) |
| 3. court directed response to reconsider petitioner's service claim. (Para 9 , 10 , 11 , 12) |
JUDGMENT Dated this the 17th day of November, 2025 The petitioner states that he was appointed as a Music Teacher (HS Section) in the School from 01.08.1989 to 29.07.1994 against a leave vacancy of Smt.Sulekha K., Music Teacher who entered on LWA for five years from 01.08.1989 to 31.07.1994.
2. The appointment was approved by the District Educational Officer as per order dated 02.03.1990. The petitioner was reappointed as Music Teacher (HS Section) from 30.07.1994 to 31.07.1999 against the extended leave vacancy of Smt.Sulekha K., Music Teacher who entered on LWA for five years from 30.07.1994 to 31.07.1999 in continuation of her LWA from 01.08.1989 to 29.07.1994. This appointment was also approved by the District Educational Officer as per order dated 16.02.1995.
3. The petitioner was again reappointed as Music Teacher (HS Section) from 01.08.1999 to 31.07.2004 against the extended leave vacancy of Smt.Sulekha K., Music Teacher who entered on LWA for five years from 01.08.1999 to 31.07.2004 in continuation of her LWA from 30.07.1994 to 31.07.1999. This appointment was also approved by the District Educational Officer as per order dated 27.01.2000.
4. The petitioner was again reappointed as Music Teacher (HS Section) from 01.08.2004 to 31.07.2009 against the extended leave vacancy of Smt.Sulekha K., Music Teacher who entered on LWA for five years from 01.08.2004 to 31.07.2009 in continuation of her LWA from 01.08.1999 to 31.07.2009. This appointment was approved by the DEO as per order dated 09.03.2005. It is also submitted that Smt.K. Suleka, Music Teacher who availed LWA from 01.08.1989 tendered resignation from service with effect from 31.07.1989 AN due to personal inconveniences to join service after the expiry of leave.
5. The DEO, Wandoor by order dated
21.02.2009 has granted approval to the resignation of the Teacher with effect from 31.07.1989 AN, the date she last attended for duty before entering on LWA. The petitioner was again reappointed as Music Teacher (HS Section) from 01.03.2009 onwards against the vacancy of Smt.Sulekha K., Music Teacher who resigned from service with effect from 31.07.1989. This appointment was also approved by the DEO as per order dated 24.03.2009.
6. The petitioner has retired from service on superannuation on 30.04.2023. But, his pensionary benefits were granted reckoning the service only from 01.03.2009 denying the service from 01.08.1989 to 28.02.2009 as leave vacancy service. Being aggrieved, the petitioner moved the DGE with his representation dated 21.02.2025 requesting to reckon his service from 01.08.1989 to 28.02.2009 for pensionary benefits as his service from 01.08.1989 to 28.02.2009 was in regular resignation vacancy of Smt.K.
Sulekha, Music Teacher who resigned from service with effect from 31.07.1989 AN and approved by the DEO as per Ext.P6 order.
7. But, the DGE, as per order dated
01.09.2025, has rejected his request to reckon his service from 01.08.1989 to 28.02.2009 for pensionary benefits on the reason that resignation cannot be approved with retrospective effect as per KSR. There is no restrictions in KSR in granting approval of resignation with a prior date since the Teacher entered on LWA. The DGE has not specified the Rule which is specifically preventing approval to resignations from a prior date.
8. Being aggrieved, the petitioner moved the Government filing Ext.P11 Revision Petition dated 21.10.2025 requesting to reckon his service from 01.08.1989 to 28.02.2009 for pensionary benefits as his service from 01.08.1989 to 28.02.2009 was in regular resignation vacancy of Smt.K.Sulekha, Music Teacher who resigned from service with effect from 31.07.1989 AN and approved by the District Educational Of
