SUBHADRA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner in O.P. 9077/1993 is the appellant. She retired from service on 31.3.1990 I while working as teacher in Government Upper Primary School, Puthencruz. Her claim for pension was processed on the basis that she had Government service as primary teacher with effect from 4.2.1963. In other words, the continuous service of 27 years, one month and 28 days in Government School alone was taken into consideration in computing the pensionary benefits. Petitioner claims that she had put in 2 years and 11 months service in an aided school .If that service is also tacked on to the service rendered by her in the Government School, then the entire service put in by her comes to 30 years and 28 days. Claim put in by her to have her pensioners benefits computed on the basis of 30 years and 28 days service was not conceded by the Department. Hence she approached this Court by filing the Original Petition. Learned Single judge by Judgment dated 24.11.1995, dismissed the petition. Hence this appeal.

(2.) The service book in relation to the petitioner shows that she had previous aided school service as Assistant Teacher in Lower Primary School at Pinarmunda for a period of two years and eleven months from 22.7.1959 to 21.6.1962. Column 6 of page 16 in Form IV of the Service Book, the reason for termination of the said appointment is shown as "resignation". This means that petitioner who was working as Assistant Teacher in Lower Primary School, Pinarmunda from 22.7.1959 resigned from service on 22.6.1962. Thereafter, she joined Government service as a Primary Teacher on 4.2.1963, after a break of service for seven months and thirteen clays.

(3.) R.14E of Part.3 K.S.R. states:-