JOSE SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a retired Lower Division Clerk (L.D.C) from St. Mary's High School, Arakuzha, Ernakulam District, seeking to quash Exts.P6 and P9 Verification Report and the Government Order dated 19.06.2017 and 29.05.2019 respectively, declining part pension to the petitioner on the ground that the application submitted by the petitioner seeking pension is after three years, which is against the provisions contained under the Kerala Service Rules. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner retired from service on superannuation on 31.01.2014. According to the petitioner, on 09.12.2013, petitioner submitted an application seeking pension. On 01.07.2014, the pension papers were returned by the 2nd respondent, directing re-fixation of pay and refund of excess amount. Thereupon, petitioner approached this Court by filing W.P.(C) No.30105 of 2014, whereby Ext.P3 judgment was rendered along with other connected cases, directing the Deputy Director of Education, Ernakulam to re-compute the amount payable to the petitioner taking into account the 1st, 2nd and 3rd Time Bound Higher Grades, based on the observations in the judgment and determine whether any excess amounts have been paid to the petitioner, and if so determine the amount, if any, that has been paid to the petitioner in excess for the purposes of recovery of the same from the retirement benefits that are due and payable to the petitioner within a period of two months from the date of receipt of a copy of the judgment.

(3.) Thereafter, Ext.P6 Verification Report dated 19.06.2017 was issued by the Accounts Officer in the Office of the Accountant General, limiting the pension from 06.05.2017. Thereupon, petitioner submitted Ext.P7 application dated 21.08.2017, seeking authorisation of pension, and thereafter submitted Ext.P8 application dated 28.11.2018 before the Deputy Director of Education, Ernakulam, since there was delay in issuing necessary orders. While so, the Government have issued Ext.P9 order dated 29.05.2019, declining the extension sought for by he petitioner for considering the payment of pension effective from the date of retirement on the ground that the petitioner has not submitted the application within the time prescribed under law.