Jayalakshmi K P v. State Of Kerala - Kerala High Court, 26 Jul 2022

Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 26TH DAY OF JULY 2022 / 4TH SRAVANA, 1944 WP(C) NO. 19444 OF 2022 PETITIONERS:

1 LIZAMMA MANUEL, AGED 69 YEARS, S/O. P. V.EMMANUEL PAZHAYAKADAVIL HOUSE, HOUSE NO. X/246, LIBRARY ROAD, ALUVA - 683101 (RETIRED ASSOCIATE PROFESSOR OF PHYSICS, ST. XAVIERS COLLEGE FOR WOMEN, ERNAKULAM) 2 SULAIMAN.P.M, AGED 69 YEARS, S/O. MUHAMMED KASSIM.P.V, 'SAFINAS', THEKKINKAD, PALLAMCHATHANNUR P.O, PALAKKAD DISTRICT - 678571 (RETIRED ASSOCIATE PROFESSOR OF COMMERCE, MES COLLEGE, PALAKKAD) 3 THRESIAMMA PHILIP, AGED 68 YEARS, D/O. P.K.PHILIP, KAIPRAMPATT HOUSE, MOOKKANNOOR. P.O., ERNAKULAM DISTRICT - 683577 (RETIRED ASSOCIATE PROFESSOR OF PHYSICS, CATHOLICATE COLLEGE, PATHANAMTHITTA) 4 RAMADASAN. P, AGED 68 YEARS, S/O. C.R.GOVINDAN NAMBIAR, CHAITHANYA, P.O.ARIYANNUR, THRISSUR DISTRICT (RETIRED SELECTION GRADE LECTURER OF COMMERCE SREE KRISHNA COLLEGE, GURUVAYUR 5 DR. KAMALAKSHI. M.V, AGED 68 YEARS, D/O. M.V.VELU, "MAKARANDAM", VADAKKETHARAYIL HOUSE, THUTTATHIPARAMB ROAD, MARADU P.O., KOCHI - 682 304, (RETIRED READER OF COMMERCE,, VIMALA COLLEGE, THIRSSUR) 6 DR.C.SREEKANTA KURUP, AGED 68 YEARS S/O.P.CHELLAPPAN UNNITHA, 'NILA', KRA-10, TC 43/129-1, KAMALESWARAM, MANACAUD.P.O., THIRUVANANTHAPURAM - 695 009 (RETIRED ASSOCIATE PROFESSOR OF MALAYALAM CMS COLLEGE KOTTAYAM) 7 JOSE.P.T, AGED 70 YEARS, S/O. THOMMEN THOMAS, PUSHPAKATHUKALAYIL, NEAR S.F.S.SCHOOL, ETTUMANOOR P.O., PIN - 686631 (RETIRED PRINCIPAL, ST.DOMINIC'S COLLEGE, KANJIRAPPALLY).

WP(C) NO. 19444 OF 2022 & Con.Cases -2- 8 KAIRUNNISA. K.K, AGED 70 YEARS, D/O.KOCHUMOIDEEN K.M, NADUVILEPARAMBIL, KARUNGATHURUTH, KONGORPILLY.P.O, PIN-683518 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, MES ASMABI COLLEGE, THRISSUR) 9 CYRIAC.S.K, AGED 70 YEARS, S/O. OUSEPH KURIAKOSE SRAYIL HOUSE, NIRMALA COLLEGE, MOOVATTUPUZHA.P.O (RETIRED SELECTION GRADE LECTURE IN CHEMISTRY, COCHIN COLLEGE, KOCHI) 10 N.M.MATHEW, AGED 70 YEARS, S/O. A.I.MATHEN,, AYYAMKOICKAL HOUSE, KUTTAMPUZHA.P.O., THIRUVALLA - 689103, PATHANAMTHITTA (RETIRED PRINCIPAL, ENGLISH, MARTHOMA COLLEGE, THIRUVALLA) 11 KOSHY NINAN, AGED 68 YEARS, S/O. M.C.NINAN, MALLASSERIL, KUTTAMPUZHA.P.O., THIRUVALLA - 689103 (RETIRED PRINCIPAL, BISHOP MOORE COLLEGE) 12 K.MOHAN KUMAR, AGED 69 YEARS, S/O. K.KARUNAKARAN NAIR, A7, NIKUNJAM, SANTHI NAGAR, MANALODY ROAD, NILAMBUR.P.O., - 679 329 (RETIRED SELECTION GRADE LECTURER OF ENGLISH, MES KALLADI COLLEGE, MANNARKAD) 13 THOMAS ABRAHAM, AGED 69 YEARS, S/O. K.O.ABRAHAM, KURUDAMANNIL, THURUTHICAD.PO, MALLAPPALLY (RETIRED ASSOCIATE PROFESSOR OF PHYSICS, BAM COLLEGE, THURUTHICAD) 14 K.MUHAMED MUSTAFFA, AGED 69 YEARS, S/O.KUNHAYAMMU, KARIMBANAKKAL HOUSE, PERINCHOLAM.P.O MANNARKKAD, (RETIRED ASSOCIATE PROFESSOR OF COMMERCE, MES KALLADI COLLEGE, MANNARKAD) 15 YOYAKI. V.K, AGED 71 YEARS, S/O. V.J.KURIAKOSE, VALLIKKATTIL HOUSE, KOLENCHERY.P.O., ERNAKULAM - 682311 (RETIRED SELECTION GRADE LECTURER IN ENGLISH, AL-AMEEN COLLEGE, EDATHALA, ALUVA) 16 SAIDALAVI.T.T, AGED 69 YEARS, S/O. AHAMMED.T.T HIBA, THONNAMTHODI, NEAR KWA OFFICE, P.O.KUNNAPALLY, PERINTHALMANNA – 679322, MALAPPURM (RETIRED PRINCIPAL, MES KALLADI COLLEGE, MANNARKAD PALAKKAD DISTRICT)

WP(C) NO. 19444 OF 2022 & Con.Cases -3- 17 ABDUL KALAM.M, AGED 69 YEARS, S/O. MYTHEENKUNJU PRASANTHI, MANNARKKAD COLLEGE.P.O., MANNARKKAD, PALAKKAD - 678583 (RETIRED ASSOCIATE PROFESSOR OF MALAYALAM, MES KALLADI COLLEGE, MANNARKAD, PALAKKAD DISTRICT) 18 JOSEPH PHILIP, AGED 71 YEARS, S/O. THOMAS PHILIP, KOZHAKAL R.S.PO, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689 111 (RETIRED PRINCIPAL, ST. THOMAS COLLEGE, KOZHENCHERY) 19 M.SANTHAKUMARI, AGED 68 YEARS, D/O. C.M.KRISHNANKUTTY NAIR, KRISHNAKRIPA, POST BHIMANAD, PALAKKAD DISTRICT - 678601 (RETIRED ASSOCIATE PROFESSOR OF MATHEMATICS MES KALLADI COLLEGE, MANNARKAD, PALAKKAD DISTRICT) 20 KHADIJA BEEVI.P.M, AGED 69 YEARS, D/O.P.E. MOHAMMED, PUNNILATH HOUSE, JARAPPADY, MANNAM.P.O., N.PARUR, PIN - 683520 (RETIRED ASSOCIATE PROFESSOR OF MATHEMATICS, M.E.S. ASMABI COLLEGE, P.VEMBALLUR, KODUNGALLUR.

21 JOHN.E.A, AGED 71 YEARS, S/O.ABRAHAM, EDINJAKUZHIYIL, KARIMBA.P.O., PALAKKAD DISTRICT, (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, M.E.S. KALLADI COLLEGE, MANNARKAD, PALAKKAD DISTRICT) 22 GIRIJA.K, AGED 69 YEARS, D/O. KESAVAN NAMBUDIRI, MANGALAPPILLY MANA, P.O. MELADOOR, (VIA) ANNAMANADA, THRISSUR DISTRICT PIN - 680741 (RETIRED SELECTION GRADE LECTURER OF PHYSICS CARMEL COLLEGE, MALA, THRISSUR ) 23 ELSIE JOHN, AGED 69 YEARS, D/O.P.K.JOHN, VAIKKATHETHU, MUNDENCAVU, CHENGANNUR.P.O., PIN - 689121 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, CHRISTIAN COLLEGE, CHENGANNUR) 24 VIJAYAM JOSEPH, AGED 71 YEARS, D/O. T.JOSEPH, PATHIPARAMBIL, CHENGANASSERRY - 686101 (RETIRED ASSOCIATE PROFESSOR OF ECONOMICS, ST.DOMINIC'S COLLEGE, KANJIRAPPALLY, & ASRSRUMPTION COLLEGE, CHANGANASSERRY) 25 MR.JAYAPRAKASH.P.V, AGED 69 YEARS, 'VEENA VIHAR,' KAITHAPRAM.P.O, SREEKANDAPURAM.P.O., PIN 670 631 (RETIRED ASSOCIATE PROFESSOR OF PHYSICAL EDUCATION

WP(C) NO. 19444 OF 2022 & Con.Cases -4- S.E.S. COLLEGE, SREEKANDAPURAM, KANNUR) 26 A. ABDUL LATHEEF, AGED 70 YEARS, S/O.A.VEERAN HAJI, SHAFU MANZIL, EDAVANNA. P.O., MALAPPURAM DISTRICT, PIN - 676 541. (RETIRED PRINCIPAL, WMO COLLEGE, MUTTIL, WAYANAD).

27 AMINA. K., AGED 69 YEARS, D/O.ABDU. K., NALINTAKATH (BLESSING), POOPALAM, VALAMBUR P.O., MALAPPURAM DISTRICT, PIN - 679 325, (RETIRED ASSOCIATE PROFESSOR OF ENGLISH MES KALLADI COLLEGE, MANNARKAD, PALAKKAD) 28 MATHEW. K.K., AGED 70 YEARS, S/O. K.M. KURIEN, VIRTHIYIL HOUSE VALANJAVATTOM P.O., THIRUVALLA, PATHANAMTHITTA-689 104, (RETIRED ASSOCIATE PROFESSOR OF ZOOLOGY, MARTHOMA COLLEGE, THIRUVALLA) 29 C. ABRAHAM, AGED 68 YEAR, S/O. N.T. CHERIAN, KANNAMPURATHU, S-66, J.P. NAGAR, R.S.P.O., THIRUVALLA - 689 111 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, BISHOP MOORE COLLEGE, MAVELIKKARA) 30 MARYKUTTY. V.A., AGED 71 YEARS, D/O.ABRAHAM .V.K., POLLAYIL, KARINGATTAKUZHY ROAD, PATHIRAPPALLY P.O., ALAPPUZHA - 688 521 (RETIRED PRINCIPAL, ST. MICHAEL'S COLLEGE, CHERTHALA) 31 MARY C. VARKEY, AGED 70 YEARS, W/O.GEORGE MATHEW, VALETHU HOUSE, T.M. BYPASS ROAD, KUROOR, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN- 686 691 (RETIRED ASSOCIATE PROFESSOR OF ENGLISH, MAR ATHANASIUS COLLEGE OF ARTS, KOTHAMANGALAM) 32 DR. M.N. GEORGE, AGED 71YEARS, S/O. K.C.NINAN, MOOTHEDATHU CHETTUKANDATHIL, ERAVIPEROOR P.O., THIRUVALLA - 689 542 (RETIRED PRINCIPAL, BISHOP ABRAHAM MEMORIAL COLLEGE, THURUTHICAD) 33 VENUGOPAL. T.S., AGED 70 YEARS, S/O. SUKUMARAN NAIR, SREELAKAM, MARIATHURUTHU. P.O., KOTTAYAM - 686 017 (RETIRED LECTURER SELECTION GRADE OF CHEMISTRY, ST. STEPHEN'S COLLEGE, PATHANAPURAM) 34 K.R. VILASA CHANDRA PANICKER, AGED 71 YEARS, S/O.K.G. RAMACHANDRAN NAIR, 'JYOTHI', THALAVADY P.O.,

WP(C) NO. 19444 OF 2022 & Con.Cases -5- ALAPPUZHA - 689 572 (RETIRED ASSOCIATE PROFESSOR OF ENGLISH, ST. STEPHEN'S COLLEGE, PATHANAPURAM) 35 SANTHAMMA. P.C., AGED 68 YEARS, D/O. MATHAN CHERIAN, PUTHUSSERY HOUSE, AJN, ANGAMALY P.O., ANGAMALY, ERNAKULAM DISTRICT, PIN - 683 573 (RETIRED ASSOCIATE PROFESSOR OF ENGLISH, M.A. COLLEGE, KOTHAMANGALAM) 36 JAMES P.V., AGED 71 YEARS, S/O. K.C.VARGHESE, ROSE VILLA, PUTHUPPADY P.O., MUVATTUPUZHA, ERNAKULAM - 686 673 (RETIRED ASSOCIATE PROFESSOR OF ECONOMICS, M.E.S.K. COLLEGE, MANNARKAD, PALAKKAD) 37 RAJANKUNJU. P.C., AGED 70 YEARS, S/O.P. CHACKO, PURACKAL HOUSE, MULAKUZHA. P.O., CHENGANNUR - 689 505, (RETIRED LECTURER SELECTION GRADE, ST. THOMAS COLLEGE, KOZHENCHERRI) 38 DR. PETER MATHEW, AGED 70 YEARS, S/O. P.C. MATHEW, KALLUMPURATHU KADAVIL, KALLUMKADAVU, PATHANAPURAM - 689 695 (RETIRED PRINCIPAL, MT. TABOR TRAINING COLLEGE, PATHANAPURAM, KOLLAM) 39 SOYA. P.A., AGED 69 YEARS, D/O.P.V. AYYAPPAN, "AASRA", KAROOR ROAD, KODUNGALLUR P.O., THRISSUR DISTRICT, PIN - 680 664 (RETIRED LECTURER, SELECTION GRADE, S.N.M. COLLEGE, MALIANKARA, ERNAKULAM) 40 ABOOBACKER. P.V., AGED 71 YEARS, S/O.MOHAMMED, ALFALAH, THRIKKAVU, 33/35, PALATHUMVEEDU, PONNANI - 679 577, MALAPPURAM (RETIRED LECTURER SELECTION GRADE, MES COLLEGE, PONNANI) 41 DR. VALSAMMA JACOB. K., AGED 71 YEARS, D/O.K.C.

CHACKO, MODAYIL, SGRA 39, CK LANE, TKD ROAD, MUTTADA P.O., THIRUVANANTHAPURAM - 695 025 (RETIRED LECTURER SELECTION GRADE, PEET MEMORIAL TRAINING COLLEGE, MAVELIKKARA) 42 K.K. RAMACHANDRAN NAIR, AGED 70 YEARS, S/O.KOCHUKUNJU PILLAI, FLAT NO. 9B, ARTECH SREYA, KAITHAMUKKU, PETTAH P.O., THIRUVANANTHAPURAM -695 024 (RETIRED ASSOCIATE PROFESSOR OF ZOOLOGY, SREESANKARA COLLEGE, KALADY)

WP(C) NO. 19444 OF 2022 & Con.Cases -6- 43 PROF. MERCY JOSEPH, AGED 71 YEARS, D/O.C. JOSEPH, KALLIDUKKIL HOUSE, ANTHINAD P.O., KOTTAYAM - 686 665 (RETIRED LECTURER SELECTION GRADE OF PHYSICAL EDUCATION ALPHONSA COLLEGE, PALA) 44 C. ASSIA, AGED 69 YEARS, S/O.C. KUNHUMUHAMMED, MATTUMMAL HOUSE, EDAVANNA P.O., KOZHIKODE - 676B 541 (RETIRED ASSOCIATE PROFESSOR OF HINDI, DGM MES MAMPAD COLLEGE, CALICUT) 45 USHA. S., AGED 71 YEARS, D/O. N. SANKARAN NAIR, VYSAKH, PULINATTU LANE, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 542, BHARATHAM, NRRA 9A, NETTAYIKODATH II CROSS ROAD, PALARIVATTOM P.O., KOCHI - 682 025 (RETIRED LECTURER SELECTION GRADE, AL-AMEEN COLLEGE, EDATHALA P.O., ALUVA) 46 M.A. MAHESWARI, AGED 68 YEARS, S/O. SUNDARAM PILLAI, ALAKAPURI, T.P. PURAM P.O., KOTTAYAM - 686 505 (RETIRED LECTURER SELECTION GRADE OF PHYSICS, S.V.R.

N.S.S. COLLEGE, VAZHOOR) 47 THOMAS ALICE, AGED 68 YEARS, D/O. THOMAS, KADACKEL KIZHAKKETHIL, KODUKULANJI. P.O., CHENGANNUR, ALAPPUZHA - 689 508 (RETIRED ASSOCIATE PROFESSOR OF ENGLISH, ST. STEPHEN'S COLLEGE, PATHANAPURAM) 48 P.R. RAMACHANDRAN NAIR, AGED 70 YEARS, S/O. P.R.

RAMAKRISHNAN NAIR, ALAKAPURI, T.P.PURAM P.O., KOTTAYAM - 686 505 (RETIRED LECTURER SELECTION GRADE OF ENGLISH S.V.R.N.S.S. COLLEGE, VAZHOOR) 49 JACOB K. MATHEW, AGED 71 YEARS, S/O. V.V. MATHAI, PUTHOOKATTIL HOUSE, MULAKULAM SOUTH P.O., (VIA) PERUVA, KOTTAYAM - 686 610 (RETIRED PRINCIPAL, BASELIUS COLLEGE, KOTTAYAM) 50 RAMAKRISHNAN K., AGED 70 YEARS, S/O.K.R.KRISHNAGUPTAN, 2/383 A, KARTHIKA, KAKKANNI, NSS ENGG. COLLEGE P.O., AKATHETHARA, PALAKKAD - 678 008 (RETIRED LECTURER SELECTION GRADE OF PHYSICAL EDUCATION, NSS COLLEGE OF ENGINEERING, PALAKKAD).

BY ADV M.S.RADHAKRISHNAN NAIR

WP(C) NO. 19444 OF 2022 & Con.Cases -7- RESPON

DENTS:

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2 THE ADDITIONAL CHIEF SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

3 THE ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

4 THE PRINCIPAL ACCOUNTANT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM - 695 001.

5 THE DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.

6 THE DIRECTOR OF TECHNICAL EDUCATION, OFFICE OF THE DIRECTOR OF TECHNICAL EDUCATION, PADMAVILASOM, FORT, THIRUVANANTHAPURAM - 695 023.

SMT M R SREELATHA-SPL GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2022, ALONG WITH WP(C).19568/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 19444 OF 2022 & Con.Cases -8- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 26TH DAY OF JULY 2022 / 4TH SRAVANA, 1944 WP(C) NO. 19568 OF 2022 PETITIONERS:

1 JAYALAKSHMI K P, AGED 68 YEARS, S/O.P.GOVINDAN NAIR, 'AMRITAM', KODUVAYUR ROAD, KUZHALMANNAM P.O., PALAKKAD DISTRICT, PIN-678 702 (RETIRED ASSOCIATE PROFESSOR OF ZOOLOGY, MERCY COLLEGE, PALAKKAD) 2 SUSAN GEORGE, AGED 70 YEARS, W/O. THOMAS PHILIP, KAROOR MODAYIL, ANGADICKAL POST, CHENGANNUR, KOTTAYAM - 689 122 (RETIRED ASSOCIATE PROFESSOR OF BOTANY, CHRISTIAN COLLEGE, CHENGANNUR) 3 PRASAD JOSEPH. K., AGED 68 YEARS, S/O. K.C. JOSEPH, KOICKAL HOUSE, ANGADI P.O., RANNI 689 674, PATHANAMTHITTA, (RETIRED ASSOCIATE PROFESSOR OF ECONOMICS, ST. THOMAS COLLEGE, RANNI) 4 DR. SULIEKHA. P.K., AGED 71 YEARS, W/O. SHAHUL HAMEED. V.A VALIYARA HOUSE, P.O. EDAVILANGU, THRISSUR DISTRICT, PIN 680 671 (RETIRED PRINCIPAL, MES COLLEGE, MARAMPALLY, ERNAKULAM) 5 UMADEVI T.N., AGED 68 YEARS, D/O. K.T. GOPALAN, ANAND, CHAMPAD POST, KANNUR DISTRICT, PIN 670 694.

(RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, SREE NARAYANA COLLEGE, KANNUR).

6 DR. P.T. KURIAN, AGED 70 YEARS, PANDAKASALA, MGRA.43, KJK HOSPITAL ROAD, NALANCHIRA P.O., THIRUVANANTHAPURAM (RETIRED ASSOCIATE PROFESSOR OF PSYCHOLOGY, S.N.COLLEGE, CHEMPAZHANTHI, THIRUVANANTHAPURAM) 7 PRASANNA KUMARI C.K., AGED 69 YEARS, GTWRA-39, GANAPATHY TEMPLE ROAD, EDAPPALLY P.O., KOCHI-682 024.

(RETIRED ASSOCIATE PROFESSOR OF PHYSICS, AL-AMEEN

WP(C) NO. 19444 OF 2022 & Con.Cases -9- COLLEGE, EDATHALA) 8 ANNIE PAUL, AGED 69 YEARS, D/O. BABY VARGHESE, FLAT 4/D, B.I. PALACE, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690 101. (RETIRED PRINCIPAL PEET MEMORIAL TRAINING COLLEGE, MAVELIKKARA) 9 LALITHAMBIKA. B., AGED 68 YEARS, D/O. K. JANARDHANAN PILLAI, 9C, D.D. SILVER STONE, PADAM ROAD, VADUTHALA, ERNAKULAM, KOCHI - 682 023 (RETIRED ASSOCIATE PROFESSOR OF MALAYALAM, S.N. COLLEGE, KANNUR) 10 ELIZABETH. K. JOSHUA, AGED 71 YEARS, D/O.K.A. JOSHUA, KANILATHU, TC. 35/2324, PROVIDENCE HOSPITAL CAMPUS, THOPPUMUKKU, VATTIYOORKAVU, THIRUVANANTHAPURAM-695013 (RETIRED ASSOCIATE PROFESSOR OF ZOOLOGY, ST.STEPHEN'S COLLEGE, PATHANAPURAM, KOLLAM) 11 SREEDEVI THAMPATTI. K.P., AGED 68 YEARS, D/O.

PARAMESWARAN NAMBOOTHIRI, PULICKAL, VAZHOOR P.O., KOTTAYAM - 686 504) (RETIRED ASSOCIATE PROFESSOR OF MATHEMATICS, S.V.R.N.S.S. COLLEGE, VAZHOOR) 12 ELSAMMA THOMAS, AGED 71 YEARS, D/O. MATHAI THOMAS, KAVUMKAL HOUSE, POOVATHODU P.O., BHARANANGANAM, KOTTAYAM - 686 578 (RETIRED ASSOCIATE PROFESSOR OF ZOOLOGY, ALPHONSA COLLEGE, PALA) 13 DR. S. PRASANNA KUMARI, AGED 69 YEARS, D/O.

K.P.GOPALAN NAIR, RAGARAGARA, TC-15-246(2), ALTHARA NAGAR, A-STREET, A-5, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010 (RETIRED ASSOCIATE PROFESSOR OF MUSICS, NSS COLLEGE FOR WOMEN, NEERAMANKARA, THIRUVANANTHAPURAM) 14 VALSAMMA JACOB, AGED 70 YEARS, D/O.P.C. CHACKO, NJALLIMAKKAL, SREEKANDAPURAM, KANNUR DISTRICT, PIN - 670 631 (RETIRED SELECTION GRADE LECTURER OF CHEMISTRY, S.E.S. COLLEGE, SREEKANDAPURAM) 15 BOBY, A., AGED 70 YEARS, S/O. P.T. ABRAHAM, KADAVUMBHAGAM, PULICKAL KAVALA P.O.. KOTTAYAM-686 515 (RETIRED PRINCIPAL, ST.MARY'S COLLEGE, MANARCAUD) 16 PRASAD THOMAS, AGED 70 YEARS, S/O. K.T. THOMAS,

WP(C) NO. 19444 OF 2022 & Con.Cases -10- KODIYATT, BETHANY ROAD, THIRUVALLA, PATHANAMTHITTA - 689 101 (RETIRED PRINCIPAL, CATHOLICATE COLLEGE, PATHANAMTHITTA) 17 KORULA ISSAC, AGED 69 YEARS, S/O. K.C. ISSAC, KUNNATH HOUSE, MYLANKAL LANE, MUTTAMBALAM P.O., KOTTAYAM - 686 004 (RETIRED PRINCIPAL, CMS COLLEGE, KOTTAYAM) 18 C.G. VARUGHESE, AGED 71 YEARS, S/.O. C.GEORGE, CHAVADIYIL, KOZHENCHERRY, PATHANAMTHITTA DISTRICT, PIN - 689 641 (RETIRED ASSOCIATE PROFESSOR OF BOTANY, ST. THOMAS COLLEGE, KOZHENCHERY) 19 M.A.JOHNY, AGED 69 YEARS, S/O.M.M.ABRAHAM, MANAKKADAMPALLIL, 10,GEORGE MATHEW NAGAR, KOZHENCHERY P.O., PATHANAMTHITTA DISTRICT, PIN-689 641 (RETIRED ASSOCIATE PROFESSOR OF PHYSICS, ST.THOMAS COLLEGE, KOZHENCHERRY) 20 DR. M. MARY STELLA, AGED 68 YEARS, D/O. MARCOSE. G., PLAVILA VEEDU, #5, EDAKKARA NAGAR, NEAR ALIND, KUNDARA P.O., KOLLAM DISTRICT, PIN - 691 501 (RETIRED ASSOCIATE PROFESSOR OF PHYSICS, FMN COLLEGE, KOLLAM) 21 ROGES FERNANDEZ, AGED 69 YEARS, S/O.P.V. LAZER, USHAS, COLLEGE ROAD, CHUNGATHARA - 679 334 (RETIRED ASSOCIATE PROFESSOR OF PHYSICAL EDUCATION, MAR THOMA COLLEGE, CHUNGATHARA) 22 KORA JACOB, AGED 69 YEARS, S/O.P.K.JACOB, MELEDOM, PALLOM P.O., KOTTAYAM-686 007 (RETIRED LECTURER (SELECTION GRADE) OF ENGLISH, C.M.S. COLLEGE, KOTTAYAM.

23 ASALATHA KRISHNAPILLAI, AGED 69 YEARS, D/O.T.J.

KRISHNA PILLAI, NEDUMTHANATHU AMBADI, AZHIYIDATHUCHIRA P.O., THIRUVALLA, PATHANAMTHITTA-689 113. (RETIRED LECTURER SELECTION GRADE(UGC) OF CHEMISTRY, M.S.M. COLLEGE, KAYAMKULAM).

24 ABRAHAM JOSEPH, AGED 70 YEARS, S/O. C.T.JOSEPH, CARIMPANAMANNIL HOUSE, NOOROMMAVU P.O., MALLAPPALLY, PATHANAMTHITTA-689 589 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, ST. THOMAS COLLEGE, KOZHENCHERRY)

WP(C) NO. 19444 OF 2022 & Con.Cases -11- 25 SAM THOMAS, AGED 69 YEARS, S/O.C.V. THOMAS, SION HILL, VALLAPUZHA, NILAMBUR R.S., KOZHIKODE - 679 330 (RETIRED ASSOCIATE PROFESSOR OF ENGLISH MAR THOMA COLLEGE, CHUNGATHARA) 26 LEELAMMA ALEX, AGED 71 YEARS, D/O. V.A. ALEXANDER, MANGATTETHU HOUSE, KURUVAMOOZHY P.O., ERUMELY, KOTTAYAM - 686 509 (RETIRED LECTURER SELECTION GRADE OF ZOOLOGY, ST. THOMAS COLLEGE, KOZHENCHERRY) 27 V.K.P. RADHA, AGED 71 YEARS, D/O.PURUSHOTHAMAN NAMBOOTHIRI, KAPRASSERY, P.O. KEECHERY, THRISSUR - 680 501. (RETIRED ASSOCIATE PROFESSOR OF SANSKRIT, SREEKRISHNA COLLEGE, GURUVAYOOR) 28 ULLAS. K.S., AGED 68 YEARS, S/O. K.C. ZACHARIA, KUZHIYELIL, KARIMPANA P.O., KOOTHATTUKULAM, ERNAKULAM DISTRICT, PIN - 686 662. (RETIRED ASSOCIATE PROFESSOR OF ENGLISH, BASELIUS COLLEGE, KOTTAYAM) 29 SHOUKATHALI. K., AGED 70 YEARS,S/O. KAPPIL KUNHIMAMMU HAJI, ANZIL MANZIL, MANNARKAD COLLEGE P.O., PALAKKAD - 678 583 (RETIRED ASSOCIATE PROFESSOR OF HISTORY, M.E.S. KALLADI COLLEGE, MANNARKAD) 30 MUHAMMED KANHIRATHIL, AGED 70 YEARS, S/O. ALIPPA, KANHIRATHIL HOUSE, ALANALLUR P.O., PALAKKAD DISTRICT, PIN - 678 601 (RETIRED ASSOCIATE PROFESSOR OF ECONOMICS, M.E.S. KALLADI COLLEGE, MANNARKAD) 31 DR.REMANY TITUS, AGED 70 YEARS, D/O. M. TITUS, DEEPTHI, CHERUKOLE P.O., KOZHENCHERI, PATHANAMTHITTA- 689 650 (RETIRED ASSOCIATE PROFESSOR OF ENGLISH, ST. THOMAS COLLEGE, KOZHENCHERI) 32 P.G. THARAMM, AGED 70 YEARS, LEKSHMI BHAVAN, PUTHIYAVILA P.O., KAYAMKULAM, ALAPPUZHA - 690 531.

(RETIRED LECTURER SELECTION GRADE, M.S.M. COLLEGE, KAYAMKULAM) 33 ALEYKUTTY JOSEPH, AGED 69 YEARS, D/O.V.V. JOSEPH, PUTHENVEETTIL, BETHEL, O.S.A. LANE, ALUVA - 683 108, ERNAKULAM DISTRICT (RETIRED LECTURE SELECTION GRADE (UGC) OF ENGLISH, CARMEL COLLEGE, MALA)

WP(C) NO. 19444 OF 2022 & Con.Cases -12- 34 JOHNSON. N.L., AGED 70 YEARS, S/O.LONAPPAN, NEDUMBAKKARAN HOUSE, VELLANGALLUR P.O., THRISSUR DISTRICT, PIN - 680 662 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, ST. ALOYSIUS COLLEGE, ELTHURUTH, THRISSUR) 35 SARALADEVI. N., AGED 71 YEARS, D/O.KUNJU PILLAI. N., THANDASSERIL, PUTHIYAVILA P.O., KOLLAM-690 531, (RETIRED LECTURER, SELECTION GRADE OF CHEMISTRY, M.S.M. COLLEGE, KAYAMAKULAM) 36 THRESSIAMMA THOMAS, AGED 71 YEARS, D/O.THOMAS C.T, KOTTEKALY HOUSE, POOVATHUSERRY P.O., ANNAMANADA.

THRISSUR - 680 741( RETIRED LECTURER SELECTION GRADE OF PHYSICS, CARMEL COLLEGE MALA) 37 SREEKUMARI. L ., AGED 60 YEARS, D/O SEKHARAN NAIR.

ARUN NIVAS, VALLUNNI MOLEY, MAVARTHALAKONAM, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM - 695 011 (RETIRED SELECTION GRADE (UGC) OF HINDI, CARMEL COLLEGE, MALA) 38 ABDULLA K, AGED 68 YEARS. S/O. AHAMMEDKUTTY, KOTTANGODAN HOUSE, P.O. KARULAI, MALAPPURAM DISTRICT, PIN-679 330 (RETIRED LECTURER SELECTION GRADE (UGC), MAR THOMA COLLEGE, CHUNGATHARA) 39 ANANDABAI. R., AGED 69 YEARS, D/O PRABHAKARAN UNNITHAN A., G.S. VILLA, PATTAZHY. P.O., KOLLAM-691 522. (RETIRED ASSOCIATE PROFESSOR OF MALAYALAM, ST.STEPHEN'S COLLEGE, PATHANAPURAM) 40 SUSAMMA JOSEPH,AGED 69 YEARS, D/O.CHACKO JOSEPH, CHEMPAKASSERIL, MANNADY P.O. PATHANAMTHITTA DISTRICT, PIN - 691 830 (RETIRED LECTURER SELECTION GRADE OF ZOOLOGY, ST. STEPHEN'S COLLEGE, PATHANAPURAM) 41 THOMAS MATHEW, AGED 69 YEARS, S/O.P.T. MATHEW, KOTTARATHIL HOUSE, CHENGANNUR P.O., ALAPPUZHA DISTRICT, PIN- 689 121 (RETIRED LECTURER SELECTION GRADE OF HISTORY, CHRISTIAN COLLEGE, CHENGANNUR) 42 ABOOBACKER. T.K., AGED 70 YEARS, S/O. MOHAMMED SHA.

T.K., MINA, OOTTY ROAD, PERINTHALMANNA P.O., MALAPPURAM DISTRICT, PIN-679 322 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, MES KALLADI COLLEGE,

WP(C) NO. 19444 OF 2022 & Con.Cases -13- MANNARKAD) 43 P.M. JOY, AGED 71 YEARS, S/O. P.C. MATHEW, PANACKAL HOUSE, C.P. SCHOOL LANE, U.C. COLLEGE P.O., ALUVA, ERNAKULAM DISTRICT, PIN - 683 107 (RETIRED LECTURER SELECTION GRADE OF CHEMISTRY, AL-AMEEN COLLEGE, EDATHALA, ALUVA) 44 ROSY ISAAC NALLENGARA, AGED 69 YEARS, D/O. THOMAS MATHEW.M., MANNIL HOUSE, PULLAD P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 548 (RETIRED LECTURER SELECTION GRADE OF ZOOLOGY, ST. THOMAS COLLEGE, KOZHENCHERRY) 45 DR. A.K. CICILYKUTTY, AGED 71 YEARS, D/O.A.P.

KURIAKOSE, NRA.E.32, AZHAKANAKUNNEL, NEDUMBRAM LANE, PEROORKADA, THIRUVANANTHAPURAM - 695 005 (RETIRED READER/ASSOCIATE PROFESSOR OF ZOOLOGY, MAR IVANIOS COLLEGE, NALAMCHIRA, THIRUVANANTHAPURAM) 46 K.C. GEETHA, AGED 71 YEARS, D/O.K.J.CHERIAN, TC VI/1296, PAMBLANIYIL, DR.NARYANA MENON ROAD, EAST FORT P.O., THRISSUR - 680 005 (RETIRED ASSOCIATE PROFESSOR OF PHYSICAL EDUCATION, ST. MARY'S COLLEGE, THRISSUR) 47 SUSEELA. M., AGED 71 YEARS, D/O.A.K.RAVEENDRANATHAN, ARTECH FLORENZA - 6E, POTTAKUZHY, PATTOM, THIRUVANANTHAPURAM - 695 004. (RETIRED ASSOCIATE PROFESSOR OF MATHEMATICS, MSM COLLEGE, KAYAMKULAM) 48 ALICE MANJOORAN, AGED 70 YEARS, D/O.CHUMMAR MANJOORAN, MALIYEKKAL, GN21, GANDHI NAGAR II STREET, CHEROOR P.O., THRISSUR - 680 008 (RETIRED ASSOCIATE PROFESSOR (LECTURER SELECTION GRADE) OF ECONOMICS, VIMALA COLLEGE, THRISSUR) 49 M. SELVARAJ, AGED 70 YEARS, S/O. M. MARIADAS, TC 20/56(323), SANJEEVANY, VENUS GARDEN, C.I.T.ROAD, KARAMANA P.O., THIRUVANANTHAPURAM (RETIRED ASSOCIATE PROFESSOR OF PHYSICS, X'IAN COLLEGE, KATTAKADA) 50 GEETHA. K., AGED 68 YEARS, GEETHANJALI, MONASTERY ROAD, KOCHI - 682 011, ERNAKULAM DISTRICT, (RETIRED LECTURER SELECTION GRADE OF ECONOMICS, NSS COLLEGE,

WP(C) NO. 19444 OF 2022 & Con.Cases -14- CHERTHALA).

51 DR. MOLLY M.P., AGED 70 YEARS, W/O. MATHEW PAUL, PADINJAREKUDIYIL, 15-AIOSWARYA NAGAR, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 691 (RETIRED ASSOCIATE PROFESSOR OF HINDI, MAR ATHANASIUS COLLEGE, KOTHAMANGALAM).

52 M.T. MATHEW, AGED 70 YEARS, S/O.M.T. THOMAS, MURINGASSERIL SUMAM, NAVRATNA VILLA, VALLAMKULAM P.O., THIRUVALLA, PATHANAMTHITTA - 689 541 (RETIRED LECTURER SELECTION GRADE OF BOTANY, CATHOLICATE COLLEGE, PATHANAMTHITTA) 53 LAKSHMIKUTTY. V.R., AGED 72 YEARS, D/O.RAMAN MENON M, ANJANAM, PULLATPARAMBU, MAMMIYUR, GURUVAYUR P.O., THRISSUR - 680 101 (RETIRED LECTURER SELECTION GRADE OF MATHEMATICS, MES KALLADI COLLEGE, MANNARKKAD) 54 TITUS VARKEY, AGED 78 YEARS, S/O.C.V. TITUS, CHEMPAKASSERIL, KOLLAD P.O., KOTTAYAM DISTRICT, PIN - 686 029 (RETIRED PRINCIPAL, K.G. COLLEGE, PAMPADY) 55 M.G. ISAAC, AGED 70 YEARS, S/O.M.I. GEORGE, MENOTHUMALIL HOUSE, RAYAMANGALAM P.O., ERNAKULAM DISTRICT, PIN - 683 545 (RETIRED LECTURER SELECTION GRADE OF PHYSICS, MAR THOMA COLLEGE FOR WOMEN, PERUMBAVOOR) 56 P.R. KESAVA CHANDRAN, AGED 70 YEARS, S/O. N. RAGHAVAN PILLAI, PAYYAMPALLIL CHANDRAKANTHAM, PERUNNAI WEST P.O., CHANGANACHERRY, KOTTAYAM - 686 102 (RETIRED PRINCIPAL (SPECIAL GRADE), NSS HINDU COLLEGE, CHANGANACHERRY) 57 K. SATISH KUMAR, AGED 69 YEARS, S/O. A.K. KURUP, KRISHNAPRIYA, PERUNNA, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN - 686 102 (RETIRED PRINCIPAL, NSS COLLEGE, RAJAKUMARY, IDUKKI DISTRICT).

58 DR.SREEKUMAR K.C., AGED 70 YEARS, S/O.K.S.CHELLAPPAN PILLAI, 'SEIHO', R.G.254, PALACE ROAD, KOCHULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011.

(RETIRED READER (U.G.C), M.G. COLLEGE, THIRUVANANTHAPURAM) (WORKED IN 6 SS COLLEGE)

WP(C) NO. 19444 OF 2022 & Con.Cases -15- 59 RAMADASAN. V.P., AGED 70 YEARS, S/O.V.M. NARAYANAN NAMBIAR, "GOKULAM", P.O. PADNEKAD, KASARAGOD DISTRICT, PIN - 671 314 (RETIRED ASSOCIATE PROFESSOR OF COMMERCE, NEHRU ARTS & SCIENCE COLLEGE, KANHANGAD) 60 MOHANAN. A., AGED 69 YEARS, S/O. P. KANNAN NAIR, CHAITHRAM, PALLIKKARA,N NILESHWAR. P.O., KASARAGOD DISTRICT, PIN - 671 314 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, NEHRU ARTS & SCIENCE COLLEGE, KANHANGAD) 61 SHEELA VARGHESE, AGED 70 YEARS, D/O. K.M. VARGHESE, KOCHINIL HOUSE, PAMPAKUDA P.O., ERNAKULAM DISTRICT, PIN - 686 667 (RETIRED ASSOCIATE PROFESSOR OF ZOOLOGY, M.A. COLLEGE, KOTHAMANGALAM) 62 ALIKUTTY. E., AGED 70 YEARS, S/O. MOIDEENKUTTY. E., EDAPPAYIL HOUSE, NADUVATTAM P.O., PATTAMBI, PALAKKAD DISTRICT, PIN - 679 308 (RETIRED ASSOCIATE PROFESSOR OF ECONOMICS, NEHRU ARTS AND SCIENCE COLLEGE, KANHANGAD) 63 P.V.VELAYUDHAN NAMBIAR, AGED 71 YEARS, S/O.T.V.

GOVINDA PODUVAL, CHAITHRAN, PALLIKKARA, P.O.

NILESHWAR, KASARAGODE DISTRICT, PIN - 671312 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, PAYYANNUR COLLEGE, KANNUR) 64 DR. SAMUEL. D., AGED 71 YEARS, S/O. DEVADAS. P., TC.11/1381, 66, BAINS COMPOUND, NANTHANCODE, THIRUVANANTHAPURAM - 695 003 (RETIRED READER OF ZOOLOGY, CHRISTIAN COLLEGE, KATTAKADA, THIRUVANANTHAPURAM) BY ADV M.S.RADHAKRISHNAN NAIR RESPONDEN

TS:

1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT.

SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2 THE ADDITIONAL CHIEF SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT,

WP(C) NO. 19444 OF 2022 & Con.Cases -16- THIRUVANANTHAPURAM - 695 001.

3 THE ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

4 THE PRINCIPAL ACCOUNTANT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM - 695 001.

5 THE DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.

BY ADV.SRI.M.R.SREELATHA, SPL.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2022, ALONG WITH WP(C). 19444 OF 2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 19444 OF 2022 & Con.Cases -17- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 26TH DAY OF JULY 2022 / 4TH SRAVANA, 1944 WP(C) NO. 20087 OF 2022 PETITIONERS:

1 LAKSHMIKUTTY V.R, AGED 72 YEARS D/O. RAMAN MENON. M. ANJANAM, PULLAT PARAMBU, MAMMIYOOR, GURUVAYOOR, THRISSUR - 680 101.

(RETIRED SELECTION GRADE LECTURER OF MATHEMATICS, M.E.S. KALLADI COLLEGE, MANNARKKAD) 2 VALSA. P.J., AGED 67 YEARS, D/O.P.V. JOSEPH, SRAYIL HOUSE, NIRMALA COLLEGE JUNCTION, MUVATTUPUZHA P.O., ERNAKULAM DISTRICT, PIN - 686 661 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, NIRMALA COLLEGE, MUVATTUPUZHA) 3 SULAIMAN. P.M., AGED 69 YEARS, S/O. MUHAMMED KASSIM P.V, 'SAFINAS', THEKKINKAD, PALLAMCHATHANUR. P.O., PALAKKAD DISTRICT, PIN - 678 571 (RETIRED ASSOCIATE PROFESSOR OF COMMERCE, MES KALLADI COLLEGE, MANNARKKAD) 4 K.C. GEETHA, AGED 71 YEARS, D/O. K.J. CHERIAN, TC. VI/1296, PAMBLANIYIL, DR. NARAYANA MENON ROAD, EAST FORT P.O., THRISSUR - 680 005 (RETIRED ASSOCIATE PROFESSOR OF PHYSICAL EDUCATION, ST. MARY'S COLLEGE, THRISSUR) 5 RAMADASAN. P., AGED 68 YEARS, S/O.C.R. GOVINDAN NAMBIAR, CHAITHANYA, P.O. ARIYANNUR, THRISSUR DISTRICT, PIN - 680 102, (RETIRED SELECTION GRADE LECTURER OF COMMERCE, SREEKRISHNA COLLEGE, GURUVAYUR) 6 M.SANTHAKUMARI, AGED 68 YEARS, D/O.C.M.KRISHNANKUTTY NAIR, KRISHNA KRIPA, BHIMANAD P.O., PALAKKAD DISTRICT, PIN - 678 601 (RETIRED ASSOCIATE PROFESSOR OF MATHEMATICS, MES KALLADI COLLEGE, MANNARKKAD) 7 ABDUL KALAM. M., AGED 69 YEARS, S/O. MYTHEENKUNJU,

WP(C) NO. 19444 OF 2022 & Con.Cases -18- PRASANTHI, MANNARKKAD COLLEGE P.O., MANNARKKAD, PALAKKAD DISTRICT, PIN - 678 583 (RETIRED ASSOCIATE PROFESSOR OF MALAYALAM, MES KALLADI COLLEGE, MANNARKAD) 8 RAMADASAN. V.P., AGED 70 YEARS, S/O. V.M. NARAYANAN NAMBIAR, "GOKULAM", P.O. PADNEKAD, KASARGOD DISTRICT, PIN - 671 314 (RETIRED ASSOCIATE PROFESSOR OF COMMERCE, NEHRU ARTS & SCIENCE COLLEGE, KANHANGAD) 9 N.M. MATHEW, AGED 70 YEARS, S/O. A.I. MATHEN, AYYAMKOICKAL HOUSE, KUTTAPUZHA P.O., THIRUVALLA, PATHANAMTHITTA-689 103, (RETIRED PRINCIPAL, MAR THOMA COLLEGE, THIRUVALLA) 10 LIZAMMA MANUEL, AGED 69 YEARS, D/O.V.E.EMMANUEL, PAZHAYAKADAVIL HOUSE, HOUSE NO.X/246, LIBRARY ROAD, ALUVA, ERNAKULAM - 683 101 (RETIRED ASSOCIATE PROFESSOR OF PHYSICS, ST.XAVIER'S COLLEGE FOR WOMEN, ALUVA).

11 USHA. S., AGED 71 YEARS, D/O. N. SANKARAN NAIR, VYSAKH, PULINATTU LANE, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 542, NOW RESIDING AT BHARATHAM, NRRA 9A, NETTAYIKODATH II CROSS ROAD, PALARIVATTOM P.O., KOCHI - 682 025 (RETIRED SELECTION GRADE LECTURER OF ZOOLOGY, AL-AMEEN COLLEGE, EDATHALA P.O., ALUVA).

12 MOHANAN. A., AGED 69 YEARS, S/O.P. KANNAN NAIR, CHAITHRAM, PALLIKKARA, NILESHWAR P.O., KASARAGOD DISTRICT, PIN - 671 314 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY NEHRU ARTS & SCIENCE COLLEGE, KANHANGAD) 13 C. ASSIA, AGED 69 YEARS, D/O.C. KUNHUMUHAMMED, MATTUMMAL HOUSE, EDAVANNA P.O., CALICUT-676 541 (RETIRED ASSOCIATE PROFESSOR OF HINDI, DGM MES MAMPAD COLLEGE, CALICUT) 14 JOSE P.T., AGED 70 YEARS, S/O. THOMMEN THOMAS, PUSHPAKATHUKALAYIL, NEAR S.F.S. SCHOOL, ETTUMANOOR P.O., KOTTAYAM - 686 631 (RETIRED PRINCIPAL, ST.DOMINIC'S COLLEGE, KANJIRAPALLY) 15 SAIDALAVI. T.T., AGED 69 YEARS, S/O.AHAMMED. T.T., HIBA, THONNAMTHODI, NEAR KWA OFFICE, P.O. KUNNAPALLY,

WP(C) NO. 19444 OF 2022 & Con.Cases -19- PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679 322 (RETIRED PRINCIPAL, MES KALLADI COLLEGE, MANNARKKAD, PALAKKAD DISTRICT) 16 DR. SULIEKHA. P.K., AGED 71 YEARS, W/O.SHAHUL HAMEED.V.A. VALIYARA HOUSE, AL-SUSHAFATH, P.O.

EDAVILANGU, THRISSUR DISTRICT, PIN - 680 671.

(RETIRED PRINCIPAL, MES COLLEGE, MARAMPILLY) 17 JOSEPH PHILIP, AGED 68 YEARS, D/O. THOMAS PHILIP, KOZHARKEL, R.S.P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 687 111 (RETIRED PRINCIPAL, ST. THOMAS COLLEGE, KOZHENCHERRY) 18 P.M. JOY, AGED 71 YEARS, S/O. P.C. MATHEW, PANACKAL HOUSE, C.P. SCHOOL LANE, U.C. COLLEGE P.O., ALUVA, ERNAKULAM - 683 102. (RETIRED SELECTION GRADE LECTURER IN CHEMISTRY, AL-AMEEN COLLEGE, EDATHALA).

19 JOHNSON. N.L., AGED 70 YEARS, S/O. LONAPPAN, NEDUMBAKKARAN HOUSE, VELLANGALLUR P.O., THRISSUR DISTRICT, PIN - 680 662 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, ST.ALOYSIUS COLLEGE, ELTHURUTH, THRISSUR) 20 ALIKUTTY. E., AGED 70 YEARS, S/O.MOIDEEN KUTTY.E., EDAPPAYIL HOUSE, NADUVATTAM P.O., PATTAMBI, PALAKKAD DISTRICT, PIN - 679 308. (RETIRED ASSOCIATE PROFESSOR OF ECONOMICS, NEHRU ARTS & SCIENCE COLLEGE, KANHANGADU) 21 UMADEVI. T.N., AGED 68 YEARS, D/O. K.T. GOPALAN, ANAND, CHAMPAD POST, KANNUR DISTRICT - 670 694 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, S.N.

COLLEGE, KANNUR) 22 AMINA. K., AGED 69 YEARS, D/O. ABDU. K., NALINTAKATH, BLESSING, POOPALAM, VALAMBUR P.O., MALAPPURAM-679 325 (RETIRED ASSOCIATE PROFESSOR OF ENGLISH, MES KALLADI COLLEGE, MANNARKAD).

23 ELSAMMA THOMAS, AGED 71 YEARS, D/O.MATHAI THOMAS, KAVUMKAL HOUSE, POOVATHODU P.O., BHARANANGANAM, KOTTAYAM DISTRICT, PIN - 686 578 (RETIRED ASSOCIATE PROFESSOR OF ZOOLOGY, ALPHONSA COLLEGE, PALA)

WP(C) NO. 19444 OF 2022 & Con.Cases -20- 24 LULY REMY, AGED 71 YEARS, D/O. GEORGE, KOLLARAYATH HOUSE, V.N.H. COLONY, KARIMBAM P.O., KANNUR- 670 142.

(RETIRED ASSOCIATE PROFESSOR OF PHYSICAL EDUCATION, SIR SYED COLLEGE, TALIPARAMBA) 25 JOHN.E.A., AGED 71 YEARS, S/O. ABRAHAM, EDINJAKUZHIYIL, KARIMBA P.O., PALAKKAD DISTRICT, PIN - 678 597 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, M.E.S. KALLADI COLLEGE, MANNARKKAD) 26 ULLAS. K.S., AGED 68 YEARS, S/O. K.C. ZACHARIA, KUZHIYELIL, KARIMPANA P.O., KOOTHATTUKULAM, ERNAKULAM DISTRICT, PIN - 686 662 (RETIRED ASSOCIATE PROFESSOR OF ENGLISH, BASELIUS COLLEGE, KOTTAYAM) 27 PROF. MERCY JOSEPH, AGED 71 YEARS, D/O.C. JOSEPH, KALLIDUKKIL HOUSE, ANTHINAD P.O., KOTTAYAM DISTRICT, PIN - 686 651, (RETIRED SELECTION GRADE LECTURER IN PHYSICAL EDUCATION, ALPHONSA COLLEGE, PALA) 28 K.K. RAMACHANDRAN NAIR, AGED 70 YEARS, S/O.

KOCHUKUNJU PILLAI, FLAT NO. 9B.ARTECH SREYA, KAITHAMUKKU, PETTAH. P.O., THIRUVANANTHAPURAM-695024.

(RETIRED ASSOCIATE PROFESSOR OF ZOOLOGY, SREE SANKARA COLLEGE, KALADY).

29 MATHEW. K.K., AGED 70 YEARS, S/O. K.M. KURIEN, VIRUTHIYIL HOUSE, VALANJAVATTOM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 104, (RETIRED ASSOCIATE PROFESSOR OF ZOOLOGY, MARTHOMA COLLEGE, THIRUVALLA).

30 MARYKUTTY. V.A. AGED 70 YEARS, D/O.ABRAHAM V.K., POLLAYIL, KARINGATTUKUZHY ROAD, PATHIRAPPALLY P.O., ALAPPUZHA - 686 521 (RETIRED PRINCIPAL, ST. MICHAEL'S COLLEGE, CHERTHALA 31 DR. C.SREEKANTA KURUP, AGED 68 YEARS, S/O.P.CHELLAPPAN UNNITHAN 'NILA', KRA-10, TC 43/129- 1, KAMALESWARAM, MANACAUD.P.O., THIRUVANANTHAPURAM - 695009 (RETIRED ASSOCIATE PROFESSOR OF MALAYALAM C.M.S.COLLEGE, KOTTAYAM) 32 K.MOHAN KUMAR, AGED 69 YEARS, S/O. LATE K.KARUNAKARAN NAIR A7, 'NIKUNJAM', SANTHI NAGAR, MANALODY ROAD NILAMBUR.P.O., MALAPPURAM DISTRICT, PIN - 679329

WP(C) NO. 19444 OF 2022 & Con.Cases -21- (RETIRED SELECTION GRADE LECTURER OF ENGLISH, M.E.S.

KALLADI COLLEGE, MANNARKAD) 33 KAIRUNNISA.K.K, AGED 70 YEARS, S/O. K.M.KOCHUMOIDEEN, NADUVILEPARAMBIL, KARINGAMTHURUTH, KONGORPILLY.P.O ERNAKULAM DISTRICT, PIN - 683518 (RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, MES ASMABI COLLEGE, P.VEMBALLUR) 34 K.MUHAMMED MUSTAFFA, AGED 69 YEARS, S/O.K. KUNHAYAMMU KARIMBANAKKAL HOUSE, PERINCHOLAM, P.O.MANNARCAD, PALAKKAD DISTRICT, PIN - 678582 (RETIRED ASSOCIATE PROFESSOR OF COMMERCE, M.E.S. KALLADI COLLEGE, MANNARKAD) 35 VALSAMMA JACOB, AGED 70 YEARS, S/O. LATE P.C.CHACKO, NJALLIMAKKAL, SREEKANDAPURAM, KANNUR, PIN - 670 631 (RETIRED SELECTION GRADE LECTURER IN CHEMISTRY S.E.S.COLLEGE, SREEKANDAPURAM) 36 RAMAKRISHNAN.K,AGED 70 YEARS, D/O. K.R.KRISHNA GUPTAN, 2/383-A, KARTHIKA, KAKKANNI, N.S.S.

ENGINEERING COLLEGE AKATHETHARA, PALAKKAD, PIN - 678008 (RETIRED ASSOCIATE PROFESSOR OF PHYSICAL EDUCATION N.S.S. ENGINEERING COLLEGE, PALAKKAD) 37 YOYAKI. V.K, AGED 71 YEARS, S/O.V.J.KURIAKOSE, VALLIKKATTIL HOUSE, KOLENCHERY.P.O, ERNAKULAM DISTRICT, PIN 682 311 (RETIRED SELECTION GRADE LECTURER OF ENGLISH AL-AMEEN COLLEGE, EDATHALA, ALUVA) 38 MR. JAYAPRAKASH.P.V, AGED 69 YEARS, "VEENA VIHAR", KAITHAPRAM.P.O., SREEKANDAPURAM.P.O., KANNUR DISTRICT, PIN - 670631 (RETIRED ASSOCIATE PROFESSOR OF PHYSICAL EDUCATION S.E.S.COLLEGE, SREEKANDAPURAM, KANNUR) 39 SREEDEVI THAMPATTI. K.P, AGED 69 YEARS, D/O.PARAMESWARAN NAMBOOTHIRI, PULICKAL, VAZHOOR.P.O., KOTTAYAM - 686504 (RETIRED ASSOCIATE PROFESSOR OF PSYCHOLOGY, S.V.R.NSS COLLEGE, VAZHOOR) 40 THRESIAMMA PHILIP, AGED 68 YEARS, S/O. P.K.PHILIP, KAIPRAMPATH HOUSE, MOOKKANNOOR.P.O., ERNAKULAM DISTRICT - 683577 (RETIRED SELECTION GRADE LECTURER,

WP(C) NO. 19444 OF 2022 & Con.Cases -22- PHYSICS CATHOLICATE COLLEGE, PATHANAMTHITTA) 41 KHADIJA BEEVI P.M., AGED 69 YEARS, D/O. P.E.MOHAMMED PUNNILATH HOUSE, JARAPPADY, MANNAM.P.O, N.PARUR, ERNAKULAM DISTRICT - 683520 (RETIRED ASSOCIATE PROFESSOR OF MATHEMATICS M.E.S. ASAMBI COLLEGE, P.VEMBALLUR, KODUNGALLUR) 42 M.A. MAHESWARI, AGED 68 YEARS, D/O. T.SUNDARAM PILLAI, ALAKAPURI, T.P.PURAM.P.O., KOTTAYAM - 686 505 (RETIRED SELECTION GRADE LECTURER OF PHYSICS, S.V.R.N.S.S COLLEGE, VAZHOOR) 43 THOMAS ALICE.,AGED 68 YEARS, S/O. THOMAS POTHEN.K.P KADACKAL KIZHAKKETHIL, KODUKULANJI.P.O, CHENGANNUR, ALAPPUZHA, PIN - 689 508 (RETIRED ASSOCIATE PROFESSOR OF ENGLISH, ST. STEPHEN'S COLLEGE, PATHANAPURAM) 44 MATHEW.K.K, AGED 70 YEARS, S/O. K.C.KURIAN (LATE) KARIMPEKALLIL, TALIPARAMBA.P.O., KANNUR - 670 141 (RETIRED SELECTION GRADE LECTURER OF ENGLISH) PAYYANNUR COLLEGE) 45 GIRIJA.K, AGED 69 YEARS, S/O. KESAVAN NAMBUDIRI, MANGALAPILLY MANA, P.O.MELADOOR, (VIA) ANNAMANADA, THRISSUR - 680 741 (RETIRED SELECTION GRADE LECTURER IN PHYSICS CARMEL COLLEGE, MALA).

46 ALICE MANJOORAN, AGED 70 YEARS, D/O. CHUMMAR MANJOORAN, MALIYEKKAL, G N 21, GANDHI NAGAR II STREET, CHEROOR P.O., THRISSUR - 680 008 (RETIRED ASSOCIATE PROFESSOR/SELECTION GRADE LECTURER) 47 P.R. RAMACHANDRAN NAIR, AGED 70 YEARS, S/O. P.R.

RAMAKRISHNAN NAIR, ALAKAPURI, T.P. PURAM P.O., KOTTAYAM - 686 505 (RETIRED SELECTION GRADE LECTURER OF ENGLISH, S.V.R.NSS COLLEGE, VAZHOOR) 48 JAYALAKSHMI K.P., AGED 68 YEARS, D/O.P.GOVINDAN NAIR, 'AMRITAM", KODUVAYOOR ROAD, KUZHALMANNAM P.O., PALAKKAD - 678 702 (RETIRED ASSOCIATE PROFESSOR OF ZOOLOGY, MERCY COLLEGE, PALAKKAD) 49 DR. MOLLY M.P., AGED 70 YEARS, W/O. MATHEW PAUL, PADINJAREKUDIYIL, 15-AISWARYA NAGAR, KOTHAMANGALAM,

WP(C) NO. 19444 OF 2022 & Con.Cases -23- ERNAKULAM DISTRICT, PIN- 686 691 (RETIRED ASSOCIATE PROFESSOR OF HINDI, MAR ATHANESIUS COLLEGE, KOTHAMANGALAM) 50 CYRIAC. S.K., AGED 70 YEARS, S/O. OUSEPH KURIAKOSE, SRAYIL HOUSE, NIRMALA COLLEGE JUNCTION, MUVATTUPUZHA P.O., ERNAKULAM - 686 661 (RETIRED SELECTION GRADE LECTURER IN CHEMISTRY, THE COCHIN COLLEGE, KOCHI - 682 002) BY ADV M.S.RADHAKRISHNAN NAIR RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2 THE ADDITIONAL CHIEF SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

3 THE ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

4 THE PRINCIPAL ACCOUNTANT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM - 695 001.

5 THE DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.

BY ADV.SMT.M.R.SREELATHA, SPL.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2022, ALONG WITH WP(C). 19444 OF 2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 19444 OF 2022 & Con.Cases -24-

JUDGMENT

[WP(C)Nos.19444/2022, 19568/2022, & 20087/2022] In all these cases, the challenge is to the order

Government

bearing

number GO(P)No.38/21/Fin., dated 25.02.2021, through which, the Government issued certain orders relating to revision of pension and Family Pension to those coming under the scheme of the University Grants Commission (UGC).

Even though the Government had earlier issued two other orders, the stipulations therein were substituted through the ones contained in the aforementioned order. The petitioners are aggrieved because, in the said order, paragraph 6.1 provides as under:

The revised pension/family pension shall be granted in cash with effect from 01.04.2021. Arrears of pension revision for the period from 01.01.2016 to 30.06.2019 will

notional.

Pensioners/Family

WP(C) NO. 19444 OF 2022 & Con.Cases -25- Pensioners prior to 01.01.2016 are eligible to draw arrears from 01.07.2019 to 31.03.2021 on account of revision of Pension/Family Pension in four installments each at 25% of the arrears, in cash on April 2021, May 2021, August 2021 and November 2021. In the case of those who retired on or after 01.01.2016, the arrears of Pension, Family Pension, DCRG and Terminal Surrender will be disbursed as stated above. Arrears on Commutation will be disbursed in a single installment in cash on 01.10.2021.

They say that deferring of pension is illegal, as also rendering it as being notional for any period; and that the Government did not have the right to fix any cut off date, as has been done therein, in view of the affirmative declarations of law by the Honourable Supreme Court in U.P.Raghavendra Acharya and Others v. The State of Karnataka and Others [(2006) 9 SCC 360]. They thus pray that the order, to the extent impugned, be set aside.

I have heard Sri.V.Krishna Menon, Sri.C.S.Gopalakrishnan Nair, Sri.M.S.Radhakrishnan Nair and Sri.Mathew Jacob – learned counsel

WP(C) NO. 19444 OF 2022 & Con.Cases -26- appearing for the petitioners in these cases and Smt.M.R.Sreelatha – learned Special Government Pleader for Finance.

The afore submissions of the petitioners were refuted by the learned Special Government Pleader relying upon a counter affidavit filed in some of these cases. She argued that the revision of pension, on account of the UGC Scheme, to all the pensioners and retired employees, would cause a huge drain on the finances of the State and therefore, that it was incumbent upon them to have made provisions, including by stipulating cut-off dates. She submitted that this is permissible in law, within the declarations of the Honourable Supreme Court in Union of India v. P.N.Menon and Others [(1994) 4 SCC 68], which sanctions power to the Government to fix a cut-off date, since the benefits under the revision can be shouldered only within the financial resources available to them.

WP(C) NO. 19444 OF 2022 & Con.Cases -27- 5.

The learned Special Government Pleader then added that the present financial situation of the Government is in such state that the entire amounts as per the revision cannot be paid to all the employees or pensioners and that this has been exacerbated on account of the unprecedented COVID- 19 pandemic scenario, coupled with natural calamities, which have crippled the State’s financial capacity. She then complained that the situation has become far worse because payments under the GST regime of the Government of India have not been properly paid to the State, but that in spite of all this, the Government have fulfilled its primary duty of providing relief to its citizens by administering various social welfare schemes including Social Security Pension etc., as also new responsibilities under the Health Sector. She submitted that, therefore, if the Government is asked to shoulder the entire

WP(C) NO. 19444 OF 2022 & Con.Cases -28- burden of revised pension, it would be impossible;

and consequently, that it was within its power to decide the manner in which the arrears of revised pension are to be honoured.

In reply, the learned counsel for the petitioners, in particular Sri.M.S.Radhakrishnan Nair, pointed out that P.N.Menon (supra) has been subsequently spoken about by the Honourable Supreme Court in All Manipur Pensioners Association by its Secretary v. State of Manipur and Others [(2020) 14 SCC 625]. He argued that the Honourable Supreme Court has clarified that P.N.Menon (supra) was delivered in a completely different set of circumstances, because the controversy therein was regarding the Dearness Pay entitled to the employees when they retired from service and that they had contended that a particular Office Memorandum (OM) would not apply to them. He pointed out that the Honourable

WP(C) NO. 19444 OF 2022 & Con.Cases -29- Supreme Court had noticed, in the said case, that the pension scheme applicable therein was contributory and that it is only with effect from 22.09.1977 it was made non-contributory; and that therefore, since the petitioners therein were not in service at the time of introducing the same, they were held not eligible for the said benefit.

He concluded his submissions saying that in All Manipur Pensioners Association (supra), the Honourable Supreme Court has reiteratingly clarified that P.N.Menon (supra) would not apply to the facts of any other case.

Even though I have recorded the afore contentions and contra contentions of the parties, I am of the firm view that it will not be justified for this Court to enter into the merits of the same at the first instance, since the Government never had an opportunity of reviewing its decision – should it feel so necessary -

WP(C) NO. 19444 OF 2022 & Con.Cases -30- consequent to the issuance of the impugned order.

That said, I am fully cognizant of the submissions of Sri.Krishna Menon – learned counsel for some of the petitioners, that the Government has now come out with another order deferring payment of even admitted arrears of pension, but this has been done within the purlieus of the earlier order impugned in these cases. Therefore, even though applications for amendments have been made in some of these cases, to challenge the subsequent order of the Government, I do not think it will be relevant because, if the impugned order is reconsidered by the Government, then the corollary consequence would be that the subsequent order will also have to follow suit. Of course, this is only if the Government takes a different view resultant to their reconsideration, which I propose to ask them.

That being said, there is certainly some

WP(C) NO. 19444 OF 2022 & Con.Cases -31- merit in the submissions of the learned counsel for the petitioners that, while the Government issued the order dated 25.02.2021, they ought to have kept in mind the ratio in U.P.Raghavendra Acharya (supra) and All Manipur Pensioners’ Association (supra). This is because, even when the Government says that they do not have fiscal capacity to honour the entire burden of revision of pension and its arrears, the acme question is whether they can fix a cut-off date or defer such payment. It may be true that the Government has some limitation in its financial resources at the moment, but as long as the pension is not a bounty and is a vested right of the persons entitled to it, the Government certainly ought to have taken their objections also into account before the impugned order could have been issued, particularly in the light of the afore two precedents or any other, which covers the field.

WP(C) NO. 19444 OF 2022 & Con.Cases -32- 10. Merely to clarify at this stage, even though the impugned orders suggest that the Government had discussions with Associations of Pensioners, I do not think that it would be sufficient, because the petitioners assert that there are no such Associations and that they are not members of any such.

11. Be that as it may, as I have said above, what is relevant is not merely that the Government had heard certain persons, but that they have put their mind to the forensic issues which are mandatorily applicable.

12. This is more so, because, as I have already said above, it has been declared by this Court and by the Hon'ble Supreme Court repeatedly in the past that pension is not a bounty, and that it is a right vested in the individuals entitled to receive it (see for support, State of Jharkhand and others v. Jitendra Kumar Srivastava and

WP(C) NO. 19444 OF 2022 & Con.Cases -33- Another [(2013) 12 SCC 210].

In the afore circumstances, I order these writ petitions to the limited extent of directing the Government to reconsider Clause 6.1 of the Government Order bearing No.GO(P)No.38/2021/Fin.

dated 25.02.2021, as also its subsequent order bearing No.GO(P)No.162/2021/Fin. dated 02.12.2021, in the conspectus of the afore observations and adverting specifically to the precedents cited above.

The afore exercise shall be done by the Government, after affording an opportunity of being heard to the petitioners or to their representatives;

thus

culminating

an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.

Needless to say, even though I have not

WP(C) NO. 19444 OF 2022 & Con.Cases -34- quashed the order dated 25.02.2021 or even Clause 6.1 of the same, am certain that Government must consider the claims of the petitioners, including by modification of the said Clause - if it is so warranted, adverting to the afore declarations of law by the Hon'ble Supreme Court; in which event, all necessary consequences will thereafter follow, without any avoidable delay.

I am persuaded to the afore view also because when the State pleads financial stringency, only the pensioners put to detriment, without any other sections

being

asked

shoulder

the responsibility. In fact, the pensioners are the more vulnerable category - they having reached the autumn of their lives; and reduction of their financial support would certainly put them to greater prejudice than the persons who are in service or who are younger. This will also be kept in mind by the Government while issuing the orders

WP(C) NO. 19444 OF 2022 & Con.Cases -35- in terms of the afore directions.

Sd/- DEVAN RAMACHANDRAN JUDGE RR/akv

To be spoken to on 03.08.2022 After I delivered the afore judgment, Sri.M.S.Radhakrishnan Nair – learned counsel for the petitioners in these cases, requested that they be listed for being spoken to, since there is a factual difference in the facts involved in these cases, from the ones in the batch.

Sri.M.S.Radhakrishnan Nair pointed out that the order impugned in these three cases is Ext.P2 and that it relates to the benefits granted to the petitioners therein between the period 01.01.2006 and 30.06.2009. He thus prayed that Ext.P2 in these three cases also be quashed.

WP(C) NO. 19444 OF 2022 & Con.Cases -36- Even when I hear Sri.M.S.Radhakrishnan Nair on the afore lines, the fact remains that this Court has not quashed the Government Order bearing No.GO(P)38/2021/Fin. dated 25.02.2021, but had disposed of the matters in the batch with the directions as afore. I am certain that the petitioners herein do not require any additional directions to be issued, except to declare that Ext.P2 would not stand in the way when the exercise, as ordered herein, is completed by the competent Authority. It is so clarified in these three cases.

Sd/- DEVAN RAMACHANDRAN JUDGE

WP(C) NO. 19444 OF 2022 & Con.Cases -37- APPENDIX OF WP(C) 19444/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE G.O.(P) NO. 211/2011/FIN DATED 7.5.2011 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT.

EXHIBIT P2 TRUE COPY OF THE G.O.(P) NO. 16/2014/FIN DATED 10.1.2014 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT EXHIBIT P3 TRUE COPY OF THE ORDER IN O.A.(EKM) NO.

569/2016 DATED 30.3.2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTD BY THE 11TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 8.6.2022.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P. NOS. 775 -787/2015 ALONG WITH W.P. NOS. 49241 - 49242 OF 2015 OF KARNATAKA HIGH COURT EXHIBIT P6 TRUE COPY OF THE ORDER IN CIVIL APPEAL NOS.

6321 - 6322 OF 2021 OF HONOURABLE SUPREME COURT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE

211/20117.5.2011 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT.

EXHIBIT P2 TRUE COPY OF THE G.O.(P) NO. 16/2014/FIN DATED 10.1.201 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT EXHIBIT P3 TRUE COPY OF THE ORDER IN O.A.(EKM) NO.

569/2016 DATE 30.3.2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 19TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.5.2022 EXHIBIT P5 - EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P. NOS. 775-787/2015 ALON WITH W.P. NOS.

49241 - 49242 OF 2015 OF KARNATAKA HIGH COURT EXHIBIT P6 TRUE COPY OF THE ORDER IN CIVIL APPEAL NOS.

6321 - 6322 OF 2021 OF HONOURABLE SUPREME COURT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE

WP(C) NO. 19444 OF 2022 & Con.Cases -39- APPENDIX OF WP(C) 20087/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER G.O.(P) NO.18/2019/H.EDN. DATED 29.6.2019 ISSUED BY THE HIGHER EDUCATION (C) DEPARTMENT EXHIBIT P2 TRUE COPY OF THE REVISION OF PENSION AND FAMILY PENSION IN ACCORDANCE WITH THE RECOMMENDATION OF THE 11TH PAY REVISION COMMISSION (G.O.(P) NO. 30/2021/FIN. DATED 12.2.2021 AND G.O.(P) NO. 35/2021/FIN. DATED 23.2.2021) ISSUED BY THE FINANCE DEPARTMENT EXHIBIT P3 TRUE COPY OF THE G.O.(P) NO.151/2020/FIN DATED 5.11.2020 ISSUED BY FINANCE (PENSION-B) DEPARTMENT EXHIBIT P4 TRUE COPY OF THE G.O.(P) NO. 38/2021/FIN DATED 25.2.2021 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT.

EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO. 2/2021-22/UGC REVISION DATED 23.4.2021 ISSUED BY 4TH RESPONDENT RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE