STATE OF KERALA Vs. T.J. SARADA

JUDGEMENT

(1.) This writ appeal has been filed by the State against the judgment dated 13/12/2012 passed by the learned Single Judge in W.P.C.No.22254/2010 by which the learned Single Judge allowed the writ petition imposing cost of Rs.10,000/- against the State Government and directed the State Government to issue order revising pensionary benefits of the writ petitioner by reckoning previous service put by her in aided school for the period from 06/06/1979 to 22/09/1987. The Division Bench, while hearing this writ appeal, has also issued a direction on 09/09/2013 to the Government to explain as to why special treatment was extended to the employees at Exts.P4, P5 and P6 by giving similar benefits to them as compared to the case of the present respondent/writ petitioner.

(2.) The brief facts necessary to be noted for deciding the writ appeal are as follows:

(3.) After the order of this Court dated 25/05/2010, the Government had again issued an order on 01/07/2010 reiterating the view that the petitioner, being not a Government servant, no rule enables her to claim prior service in aided school for reckoning pensionary benefits. Order of the Government on 01/07/2010 was challenged by the writ petitioner by means of W.P.C.No.22254/2010 which had been allowed by judgment dated 13/12/2012 by the learned Single Judge. The learned Single Judge had also relied on Abdul Jabbar's case . Further, it is held by the learned Single Judge that since the judgment at Ext.P18 dated 25/05/2010 had attained finality between the parties, the Government was not entitled to take a different view in the matter. Consequently, the writ petition was allowed. This appeal has been filed against the said judgment of the learned Single Judge dated 13/12/2012.