SABU MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The orders issued by the Government on 09/05/2016 and 05/08/2016 are under challenge in all these writ petitions, filed by retired and serving teachers of aided Schools and aided Colleges, who claim their prior service rendered in aided schools / colleges including provisional and broken spells of service along with their regular service in aided Schools / colleges. As a common issue is arising for consideration, all these writ petitions were heard together and are disposed of by this common judgment.

(2.) Petitioners in W. P. (C). No. 2055 of 2017, 3685/2017, 35868/2016, 34321/2016, 35823/2016, 6232/2017, 30368/2016, 22495/2017, 13153/2017 and 17124/2017 are retired teachers of LP / UP / High School / Higher Secondary School, who had worked in aided schools in broken spells as leave substitutes. Petitioners in W.P. (C). Nos. 24017, 27438, 39076 of 2016 and 4433/2017 are retired teachers of private colleges, who have worked in aided schools.

(3.) The contention of the petitioners is that these Government orders are issued, in order to circumvent the judgment 23/07/2014 in W. P.(C). No. 20495/2013, which was already upheld by the Division Bench by its judgment dated 23/02/2015 in W.A. No. 377/2015 and by the Apex Court in S.L.P. No. 19441 of 2015 dismissing the same on 20/07/2015 after the judgment was implemented reckoning the broken spells of service of the petitioner therein in aided Schools for pension.