Pension eligibility cannot be claimed without meeting statutory service requirements and timely judicial action against employment decisions.

JUDGMENT

Muralee Krishna, J.

The petitioner in W.P.(C) No.22218 of 2020 filed this writ appeal under Section 5 (i) of the Kerala High Court Act , 1958, challenging the judgment dated 14.02.2024 passed by the learned Single Judge in that writ petition.

2. W.P.(C) No.22218 of 2020 is one filed by the appellant under Article 226 of the Constitution of India seeking the following reliefs:

“(i) To call for the records leading to Ext.P7, P8, P16, P20 and P27 orders from the Respondents and issue a writ of certiorari or other appropriate writ, Order or direction quashing Ext.P7, P8 and P16 orders declining to reckoned the period from 01.06.1992 to 31.05.1995 and 03.11.2997 to 02.11.1999 for service benefits of the Petitioner and Ext.P20 Order of the 6^th Respondent terminating the service of the Petitioner from St.Berchman's College, Changanaserry to the post of Selection Grade Lecturer, Chemistry Department with effect from 05.09.2001 and Ext.P27 order declining to calculate total 21 years of qualifying service of the Petitloner in the 6^th Respondent Aided Management College for Pension and Pensionary benefits.

(ii) To issue a writ of certiorari or other appropriate writ, order or direction quashing the relevant provisions of the amendment to Rule 14E of Part III K.S.R. issued by the Respondents 1 to 3 to the extent denying the reckoning of Pensionary benefits for broken period of service of the Petitioner to the post of Lecturer in Berchman's College, Changanaserry for the period from 02.07.1980 to 21.03.1984 covered as per Ext.P1 to Р4.

(iii) To declare that insertion of Clause (b) in Rule 14E of Part III K.S.R. with retrospective effect from 30.07.1979 by the Respondents as per G.O.(P)No:366/2009/Fin. dated 28.08.2009 denying the pension and pensionary benefits to the Petitioner for the broken period is ultravires.

(iv) To issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to issue revised orders for leave without allowance to the Petitioner for the period from 01.06.1992 to 31.05.1995 and from 03.11.1997 to 02.11.1999 as period of service qualifying for pension as per Ext.P9, P11 to P13 and P13(a) orders subject to the condition that the Petitioner shall remit a sum of Rs.10,000/- for breach of the Contract as stated in the Government Order in vogue within a stipulated time as directed by this Hon'ble Court.

(v) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 6^th respondent to cancel Ext.P20 Order terminating the service of the petitioner with effect from 05.09.2001 in St.Berchman's College to the post of Selection Grade Lecturer, Chemistry Department with effect from 04.09.2001 and treat the Petitioner voluntarily retired from service on 04.09.2001 relieved as per Ext.P19 order.

(vi) To issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to compute, approve, sanction and disburse revised pensionary benefits reckoning total length of 21 years of service in the 6^th respondent Aided Management Berchman's College, Changanaserry as submitted through Pension Proposals by the petitioner to the Respondents within a stipulated time as directed by this Hon'ble Court.

(vii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to sanction and disburse Pension and Pensionary benefits and other emoluments to the Petitioner for the past 21 years of service with 12% Interest from 05.09.2001, superannuated from service to the post of Selection Grade Lecturer from S.B. College, Changanacherry within a stipulated time as directed by this Hon’ble Court.

(viii) To declare that the Petitioner is entitled to get Pensionary benefits and other emoluments for the past 21 years