THOMAS JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking the following reliefs:

(2.) Heard the learned counsel for the petitioner and the learned Special Government Pleader(Finance).

(3.) It is submitted by the learned counsel for the petitioners that the petitioners were appointed as Higher Secondary School Teachers (Junior) on several dates in March 2013. By Ext. P3 to P7 orders, the petitioners appointments were approved from the initial date of their appointments. However, on the ground that the petitioners had not been granted orders of approval before 01.04.2013, the petitioners were considered by the respondents as being governed by the Contributory Pension Scheme which was introduced in respect of employees who entered service from 01.04.2013. It is submitted by the learned counsel for the petitioners that on orders of approval being issued approving the appointment from the dates on which they were appointed in March 2013, the petitioners became entitled for Statutory Pension under the provisions of the KSR and that the stand taken by the respondents that they are members of the Contributory Pension Scheme is completely untenable. Though Ext.P1 judgment had been issued in the matter, the matter was taken in appeal and there was a stay of the operation of Ext.P1 judgment while the matter was pending before the Division Bench. It is submitted that by Ext.P2 judgment dated 20.10.2017, the appeal was dismissed. However, in spite of the above the petitioners were treated as being governed by the Contributory Pension Scheme and contributions continued to be deducted from their salary. It is in the above circumstances that the petitioners have approached this Court.