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2025 Supreme(Online)(Ker) 58451

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
CHANDRASEKHARAN R. – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.V.A.MUHAMMED, SRI.M.SAJJAD
For the Respondents: SRI.V.VENUGOPAL

JUDGMENT

Dated this the 16th day of December, 2025 The petitioner is working as a Non-Vocational Teacher (NGFC) at SRV NSS VHSS, Chirakkadavu since 05.11.2001. His initial appointment was on consolidated pay and he continued in that status until the Government issued G.O.(MS)No.53/2016/G.Edn dated 01.03.2016 granting regular scale of pay to Non-Vocational Teachers (Junior) with effect from 16.12.2016. Thus, the petitioner became a regular employee only from 16.12.2016.

2. The petitioner’s date of birth is 20.08.1969.

However, his service records incorrectly recorded his date of retirement as 31.03.2026 based on the retirement age of 56 years applicable to the employees governed by the statutory pension scheme. A similarly situated Non-Vocational Teacher, Smt.Suja A.V. of SDPV VHSS, Palluruthy, who was also regularised only under the same G.O., was initially treated under the Statutory Pension Scheme. While processing her retirement benefits at the age of 56 years, the Director of VHSE clarified in Letter No.VHSE/164/2025-E5 dated 01.12.2025 that service on consolidated pay cannot be reckoned for statutory pension and employees regularised after 01.04.2013 fall under the Contributory

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