E.K.VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved by the denial of pension and pensionary benefits to him by the respondents though he had worked in aided schools in the State from 6.7.1953 to 25.03.1968. Inter alia, the petitioner has also challenged the constitutionality of R. 29(a) Part III K.S.R. The petitioner worked in two aided schools of Kannur and Wayanad Districts from 6.7.1953 to 25.3.1968. He has resigned from service due to family problems. Representations sent by the petitioner were rejected by the respondents vide Exts. P4, P6, P9, P11 and P13 on the ground that as per R. 29(a) Part III K.S.R., a person who resigned from service will have to forfeit his past service. Though the petitioner had pointed out the fact that similarly situated persons were given pension and other benefits vide Exts. P7 and P8, the respondents have, in a highly discriminatory manner, rejected the prayer of the petitioner for grant of pension and other benefits. Therefore, the petitioner also challenges the constitutionality of R. 29(a) Part III K.S.R., which disallows payment of pension for past service if a person resigns from service. The petitioner alleges that he worked in the remote district of Wayanad during a very difficult period and; he had a very good track record, which is vouchsafed by the Manager of the School, where he last worked. He is very much aggrieved of the denial of pension and pensionary benefits. Thus, he has come up before this Court.

(2.) In the counter affidavit filed by the respondent State, they contended that the petitioner left the service on resignation and; therefore, he forfeited his past service as stipulated in R. 29(a) part III Kerala Service Rules. They maintain the stand that Exts. P7 and P8 are not identical to the case of the petitioner. They also maintain the stand that R. 29(a) Part III K.S.R. is constitutionally valid, legal and just. Therefore, they prayed for the dismissal of the Writ Petition.

(3.) I have heard the learned counsel for the petitioner and the learned Special Government Pleader in the matter.