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IN THE KERALA ADMINISTRATIVE TRIBUNAL AT

THIRUVANANTHAPURAM
(CAMP SITTING, ERNAKULAM)
Present:

The Hon'ble Mr. Benny Gervacis, Acting Chairman

Dated this the 8th of December 2O2O

OA[EKM]-1836/2O2O
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Applicant(s):

1) Sumeera K., Aged 37, H.S.A (Physical Science), G.H.S.S.,

Thadathilparamba, .,,Olavattur P.O., Kondotty Via, Malappuram, Pincode
No. 673678, W/o. Abdul Rauoof M., Residing at Noor Manzil, Olavattur
P.O., Kondotty Via, ,Malappuram,Kerala -673678
2) Naseera P.K., Age 38, H.S.A (Physical Science), G.H.S.S. Othukkungal
Malappuram, Pincode No. 676528, D/o. Ibrahim P.K., residing at Faizal
Manzil, Olavattur P.O., Kondotty Via, Malappuram, Pin code -
676513.,,,Kerala -0
3) Shaharban K., Aged 35, HSA, Physical Science, G.H.S.S., Perassannur,
Perassannur P.O., Malappuram District, Pincode-679571, D/o.
Abdurahiman K., Residing at Tharakkal Pullanikkat House, Puramannur
P.O., Valanchery Via, Malappuram District-676552.,,,Kerala -0
4) Mumtaz K.Kunnath, Age 40, H.S.A. Physical Science, G.V.H.S.S.,
Alanalloor, Alanalloor P.O., Palakkad District-678581, D/o. Moideen
Kunnath, Kalakkanadathil House, Santhapuram, Pattikkad P.O.,
Malappuram District, Pincode No. 679325.,,,Kerala -0
5) Sonia Thomas, Age 36, H.S.A. Physical Science, G.V.H.S.S. Agali P.O.,
Palakkad District, Pincode No. 678581, W/o. Shanoj, Residing at
Nellikkanathil House, Jellippara P.O., Attappady, Palakkad District-
678582.,,,Kerala -0
6) Sara M., Age 44, U.P.S.A. (Malayalam), Govt. U.P. School, Paikannur,
Painkanur P.O., Valanchery, Kottakkal, Malappuram-676503 D/o.,
Enudheen M., Adakkathoothil House, Cherukundanand P.O., Pallippuram,
Pincode No. 679305.,,,Kerala -0
7) Sajitha P.K., U.P.S.A (Malayalam), G.H.S.S., Perassannur, Perasannur
P.O., Malappuram District, Pincode-679571, D/o. Muhammed P.K.,
Koyappathodi House, Pallikkal, P.O. Chelambra, Malappuram District,
Pincode No. 673634.,,,Kerala -0

By Advs. VINCENT RAPHAEL

Respondent(s):

1) The State of Kerala, Represented by Principal Secretary, General Education

Department, Government Secretariat, ,Thiruvananthapuram, Pin-695001,
Kerala -0
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2) The Principal Secretary (Finance), State of Kerala, ,Thiruvananthapuram, Pin-

695001, Kerala -0

3) Kerala Public Service Commission, Rep. by Secretary, Pattom,

Thiruvananthapuram, Pin: 695004,, Kerala -0

4) The Deputy Director of Education, Malappuram District, Pincode No. 676505,,

Kerala -0

5) The Deputy Director Education, Palakkad, Civil Station, Palakkad District, Pin
code No. 678001,, Kerala -0

Government Pleader for R1, R2, R4 and R5, Sri. P. C. Sasidharan - SC for
KPSC for R3

This having been finally heard on 8th of December 2O2O, the

Tribunal on the same day passed the following:
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BENNY GERVACIS, ACTING CHAIRMAN

=========================================
OA[EKM]. NO. 1836 OF 2020
==========================================

DATED THIS THE 8TH DAY OF DECEMBER 2020

ORDER

The applicants High School Assistants and UP School teachers in Government

service are before this Tribunal aggrieved by their inclusion in the National Pension

Scheme and non-consideration of their claim for inclusion under the statutory

Pension Scheme.

2. The applicants were all appointed from the ranked lists for their respective posts

brought into force by the Public Service Commission during the year 2012. Though

the applicants were included in the ranked list in the year 2012, but advices and

appointment orders were issued to them in the year 2015 and 2016. It is submitted

that due to the delay in the appointment of the applicants, the applicants were

brought under the Contributory Pension Scheme(National Pension Scheme) which

was introduced in the State with effect from 1.4.2013.

3. The learned Counsel for the applicants refers to the decisions of the Full Bench

of the Hon’ble High Court of Delhi as upheld by the Hon’ble Supreme Court of

India. It is submitted with reference to Annexure-A-20 judgment by the Full Bench

of the Hon’ble High Court of Delhi that all candidates who are appointed from a

ranked list published pursuant to a common notification and selection process were

all entitled for similar benefits, i.e. all the candidates included in a ranked list which
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was published prior to 1.4.2013 was eligible for inclusion in the Statutory Pension

Scheme. Claiming the above benefits, the applicants have preferred Annexures A-

13 to A19 representations before the respondents.

4. Learned counsel for the applicants seeks a direction to the 1st respondent to

consider and pass appropriate orders on representations considering the judgment

of the Full Bench of the Hon’ble High Court of Delhi as upheld by the Hon’ble

Supreme Court of India.

In view of the facts noted above, the Original Application is disposed of directing

the 1st respondent to consider and pass appropriate orders on Annexures A-13 to

A19 representations without further delay and at any rate within a period of two

months from the date of receipt of a copy of this order after affording an opportunity of

hearing to the applicants or their duly authorised representatives. The 1st

respondent shall consider the same in the light of Annexures A-20 and A-21

judgment and order by the Full Bench of the Hon’ble High Court of Delhi and the

Hon’ble Supreme Court of India.

Sd/- BENNY GERVACIS, ACTING CHAIRMAN

//True copy//

Deputy Registrar(Judicial)

ks
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APPENDIX

OA[EKM]-1836/2O2O
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APPLICANT'S ANNEXURES:

True photocopy of extra ordinary Gazette notification dated

Annexure A1- 30.04.2008 in Category No. 177/08 HSA (Physical Science)
published in PSC Bulletin dated 01.05.2008.

True photocopy of extra ordinary Gazette notification dated

Annexure A2- 30.12.2008 in Category No. 389/08 UPSA (Malayalam)
published in PSC Bulletin dated 01.01.2009.

True photocopy of relevant pages of Rank List No.

57/12/SSV in category No. 177/2008 of HSA Physical
Annexure A3- Science Edn. Department Malappuram District by the KPSC
w.e.f. 06.02.2012 having Rank Nos. 99, 74 & 102 of Applicant
Nos. 1, 2 & 3 here in.

True photocopy of relevant pages of Rank List No.

75/12/SSV in Category No. 177/2008 of HSA Physical
Annexure A4- Science Edn. Department Palakkad District by the KPSC
w.e.f. 21.02.2012 having Rank Nos. 54 & 68 of Applicant
Nos. 4 & 5 herein.

True photocopy of Relevant pages of Rank list No.

659/12/SSV in Category No. 389/2008 of UPSA (Malayalam),
Annexure A5- Edn. Department Malappuram District by the K.P.S.C. w.e.f.
17.12.12 having Rank Nos. 156 & 223 of Applicants 6 & 7
herein .

True photocopy of appointment order No. A1/2575/2013 dated

Annexure A6-
18/6/2015 issued to Applicant No. 1 by D.D.E. Malappuram.

True photocopy of appointment Order No. A1/2575/2013

Annexure A7- dated 18/6/2015 issued to Applicant No. 2 by D.D.E.
Malappuram .

True photocopy of appointment order No. A1/2575/2013 dated

Annexure A8-
18/6/2015 issued to applicant No. 3 by D.D.E. Malappuram .

True photocopy of appointment order No. A1/13277/12 dated

Annexure A9-
21.6.2016 issued to applicant No. by D.D.E. Palakkad.
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True photocopy of appointment order No. A1/13277/12 dated

Annexure A10-
31.08.2016 issued to applicant No. 5 by D.D.E. Palakkad.

True photocopy of appointment order No. A4/3063/2014 dated

Annexure A11-
05.02.2014 issued to applicant No. 6 by D.D.E. Malappuram.

True photocopy of appointment order No. A4/29007/2016

Annexure A12- dated 15.10.2016 issued to applicant No. 7 by D.D.E.
Malappuram.

True photocopy of representation dated 25.9.20 sent by the

Annexure A13-
1st applicant to R1 to R5 through proper channel.

True photocopy of representation dated 25.9.20 sent by the

Annexure A14-
2nd applicant to R1 to R5 through proper channel.

True photocopy of representation dated 25.9.20 sent by the

Annexure A15-
3rd applicant to R1 to R5 through proper channel.

True photocopy of representation dated 14.10.20 sent by the

Annexure A16-
4th applicant to R1 to R5 through proper channel.

True photocopy of representation dated 16.10.20sent by the

Annexure A17-
5th applicant to R1 to R5 through proper channel.

True photocopy of representation dated 28.09.20 sent by the

Annexure A18-
6th applicant to R1 to R5 through proper channel.

True photocopy of representation dated 28.09.20 sent by the

Annexure A19-
7th applicant to R1 to R5 through proper channel.

True photocopy of Judgment of the Honourable Highcourt of

Annexure A20- Delhi in WP (C) No. 2810/2016 dated 27.3.2017 in Inspector
Rajendra Singh & Others Vs. Union of India & Others .

True photocopy of Order dated 08.01.2018 in S.L.P. (Civil)

Annexure A21- No. 39335/2017 against the Judgment in WP (C) No.
2810/2016 dated 27.3.2017.
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True photocopy of Judgment of the Honourable Highcourt of

Annexure A22- Kerala in WP (C) No. 21696/2020(j) dated 14.10.2020 relying
on Annexure A20 and 21 Judgments.

True photocopy of Stay Order dated 5.12.2018 in similar

Annexure A23-
matter in O.A. (Ekm) 2240/2018 by this Honourable Tribunal .