Kerala High Court
Sunimol P.K vs State Of Kerala Represented By Chief ... on 27 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:16647
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 27TH DAY OF FEBRUARY 2026 / 8TH PHALGUNA, 1947
WP(C) NO. 37160 OF 2023
PETITIONERS:
1 SUNIMOL P.K
AGED 49 YEARS
ASSISTANT SECTION OFFICER
HIGH COURT OF KERALA
KOCHI, PIN - 682031.
2 DILEEP E.R
AGED 34 YEARS
ASSISTANT SECTION OFFICER
HIGH COURT OF KERALA
KOCHI, PIN - 682031.
3 REVATHI M. NAIR
AGED 35 YEARS
ASSISTANT SECTION OFFICER
HIGH COURT OF KERALA
KOCHI, PIN - 682031.
4 ASHOK SHARMA,R.
AGED 34 YEARS
ASSISTANT SECTION OFFICER
HIGH COURT OF KERALA
KOCHI, PIN - 682031.
5 SYAMPRASAD T.A
AGED 37 YEARS
ASSISTANT SECTION OFFICER
HIGH COURT OF KERALA
KOCHI, PIN - 682031
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W.P.(C) No.37160/2023
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6 VINEETH KRISHNAN V
AGED 36 YEARS
SENIOR GRADE ASSISTANT
HIGH COURT OF KERALA
KOCHI, PIN - 682031.
7 KIRAN M.J
AGED 39 YEARS
ASSISTANT SECTION OFFICER
HIGH COURT OF KERALA
KOCHI, PIN - 682031.
8 PREETHA V.NAIR
AGED 47 YEARS
ASSISTANT SECTION OFFICER
HIGH COURT OF KERALA
KOCHI, PIN - 682031.
9 DIPIN THILAKAN
AGED 36 YEARS
ASSISTANT SECTION OFFICER
HIGH COURT OF KERALA
KOCHI, PIN - 682031.
10 AMBILY S
AGED 36 YEARS
SENIOR GRADE ASSISTANT
HIGH COURT OF KERALA
KOCHI, PIN - 682031.
11 HARI PRASAD C.M
AGED 35 YEARS
ASSISTANT SECTION OFFICER
HIGH COURT OF KERALA
KOCHI, PIN - 682031
12 JEFFIN DAVIS K
AGED 37 YEARS
SENIOR GRADE ASSISTANT
HIGH COURT OF KERALA
KOCHI, PIN - 682031.
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W.P.(C) No.37160/2023
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BY ADVS.
SRI.MATHEWS K. NELLUVELY
SRI.REJI MATHEW.M
SRI.MATHEW VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 ADDL. CHIEF SECRETARY TO GOVERNMENT
FINANCE (PENSION A) DEPARTMENT
GOVT. SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
3 ADDL. CHIEF SECRETARY TO GOVERNMENT
HOME (C) DEPARTMENT
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
4 HIGH COURT OF KERALA,
REPRESENTED BY THE REGISTRAR GENERAL
HIGH COURT BUILDINGS,
KOCHI, PIN - 682031.
BY ADVS.
SMT.SONY K.B, GOVERNMENT PLEADER
SRI.B.G.HARINDRANATH (SR.)
SRI.AMITH KRISHNAN H.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 21.01.2026, THE COURT ON 27.02.2026 DELIVERED
THE FOLLOWING:
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N. NAGARESH, J.
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W.P.(C) No.37160 of 2023
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Dated this the 27th day of February, 2026
JUDGMENT
~~~~~~~~~ The petitioners are Assistant Section Officers / Senior Grade Assistants working under the High Court of Kerala. They seek to declare that as they are appointed on the basis of notification and rank list published prior to the date of implementation of NPS, they are not mandatorily to be included under the NPS regulated by PFRDA Act, 2013 and that they are eligible to be covered by Part III KSR as it existed on the date of Ext.P1 notification and so entitled to Statutory Pension Scheme.
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2. The 4th respondent-High Court of Kerala issued Ext.P1 notification dated 28.09.2011 inviting application for appointment to the post of Assistants. The petitioners applied for the post and qualified in the selection process consisting of written test and interview. They joined in service as Assistants on various dates between 22.05.2013 and 03.08.2015.
3. The employees under the High Court of Kerala were governed by the Kerala Service Rules (KSR) Part III Pension Scheme till 31.03.2013. The Government of Kerala issued Ext.P3 Government Order dated 07.01.2013 introducing National Pension Scheme (NPS) to the State Government employees whereunder NPS was made mandatory for all appointments made on or after 01.04.2013. Therefore, the petitioners who joined High Court service on and after 22.05.2013 were included in the NPS in spite of the fact that they were included in Ext.P2 rank list dated 08.08.2012, which is prior to 01.04.2013.
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4. The petitioners state that the NPS introduced by the Government of Kerala is a replica of the NPS introduced by the Government of India as per Ext.P4 notification dated 22.12.2013. The 2nd respondent has admitted the fact that the Rules and Regulations for the management of NPS implemented in the State will be governed by the directions/rules/circulars/orders etc. issued by the Government of India from time to time. This is evident from Ext.P5.
5. The petitioners submit that according to the Government of India, the new NPS system is mandatory for all "new recruits" to the Central Government service after the implementation date. But, the Government of Kerala, instead of following the same criteria applicable to "all new recruits", made NPS applicable to "all appointments" made after the implementation date. The Government of Kerala departed from the NPS designed by the Government of India under PFRDA Act. The petitioners argue that the action of the 2nd 2026:KER:16647 W.P.(C) No.37160/2023 :7: respondent in changing the target subscribers of NPS is a violation of the admission made by respondents in Ext.P5 and is against the legislative intention behind the PFRDA Act.
6. The petitioners urge that the State Government can extend NPS to its employees through a notification as stipulated in Section 12(4) of the PFRDA Act, but they are not empowered to make any variation to the substantive provisions.
7. It is further submitted that Ext.P3 is not a notification contemplated under Section 12(4) of the Act and therefore the mandatory implementation of the NPS and deductions from the salary and Dearness Allowance of the petitioners who were newly recruited before 04.06.2020, before the date of Ext.P6 notification, is illegal and liable to be quashed.
8. It is pointed out that based on the spirit of the judgment of the Hon'ble High Court of Delhi in Inspector Rajendra Singh and others v. Union of India and others 2026:KER:16647 W.P.(C) No.37160/2023 :8: [2017 SCC OnLine Del 7879], the Government of India issued Ext.P7 Office Memorandum dated 03.03.2023 granting a one time option to the employees who were appointed in vacancies against notifications issued prior to the implementation date of NPS to exercise option to the statutory scheme.
9. The petitioners submit that Ext.P7 memorandum is a clarification on the implementation policy of the NPS issued by the Central Government on the basis of the law laid down by the Apex Court. Ext.P7 indicates the policy and intention of the Central Government which is the authority competent to make policy decisions under the PFRDA Act, in view of Section 43 of the PFRDA Act. The petitioners are fully entitled to be governed by the Statutory Pension Scheme. Though the petitioners submitted Ext.P8 representation dated 14.07.2023 to the 3rd respondent, their grievance has not been addressed to. Hence, the petitioners are before this Court.
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10. The 2nd respondent filed counter affidavit and resisted the writ petition. The 2nd respondent stated that in order to implement NPS in Kerala, the Government executed various agreements with NSDL and NPS Trust, which are two Central Government Agencies. In the agreements and executive orders issued by the Government, it was clearly specified that NPS is applicable to those who are appointed on or after 01.04.2013. Since the appointment of the petitioners is after 01.04.2013, they came under the purview of NPS.
11. The Government has adopted a contributory pension scheme with a view to achieve fiscal consolidation in the State. NPS was adopted on the basis of a decision of the Government. The Government had announced implementation of NPS as early in 2002 and therefore the petitioners cannot be heard to contend that they were not aware of the intention of the Government to implement a Contributory Pension Scheme instead of Statutory Pension 2026:KER:16647 W.P.(C) No.37160/2023 : 10 : Scheme. The writ petition is therefore without any merit and it is only to be dismissed, contended the 2nd respondent.
12. I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1 to 3 and the learned Senior Counsel assisted by the Standing Counsel for the 4th respondent.
13. The recruitment notification pursuant to which the petitioners were selected and appointed in the service under the High Court of Kerala, was published on 28.09.2011. After the selection process, they were included in Ext.P2 rank list dated 08.08.2012 which was published prior to 01.04.2013. The petitioners joined service on various dates on and from 22.05.2013.
14. The State Government introduced NPS as per Ext.P3 Government Order dated 07.01.2013 which was made applicable for all appointments made on or after 01.04.2013. As the petitioners were admittedly appointed after 01.04.2013, they were inducted into the NPS. The 2026:KER:16647 W.P.(C) No.37160/2023 : 11 : argument of the petitioners is that the Hon'ble High Court of Delhi in Inspector Rajendra Singh (supra) held that basic terms and and conditions of service, such as the right to receive pension after superannuation, as applicable at the time of notification of the posts cannot be later be altered to the prejudice of the incumbents of the posts, after commencement of the selection process.
15. Thereafter, the Government of India issued Ext.P7 Office Memorandum dated 03.03.2023 giving a one time option to all cases where the Central Government civil employee who have been appointed against a post or vacancy which was advertised/notified for recruitment/appointment, prior to the date of notification for NPS i.e., 22.12.2003. According to the petitioners, this option made all employees whose recruitment process began prior to the introduction of NPS, to remain in Statutory Pension Scheme. The petitioners also are eligible for the same.
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16. The NPS has been framed in exercise of the powers conferred under the Pension Fund Regulatory and Development Authority Act, 2013 (PFRDA Act, for short). Section 12 of the PFRDA Act provides that any State Government or Administrator of a Union Territory may, by notification, extend the National Pension system to its employees.
17. Section 43 of the PFRDA Act provides that the Pension Fund Regulatory and Development Authority shall, in exercise of its powers or the performance of its functions, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the Central Government may give, in writing to it, from time to time.
18. Based on Section 12(4) and Section 43, the petitioners would urge that as the Central Government is the authority which is competent to give directions on questions of policy to the authority under the PFRDA Act, the 2026:KER:16647 W.P.(C) No.37160/2023 : 13 : Government of Kerala should be bound by and follow such policy decisions taken by the Central Government. Since the Central Government has given option to its employees for choosing either Statutory Pension or NPS to a group of employees, the State Government should also extend such option to similarly placed groups of employees working under the Government of Kerala.
19. The Government of India had to give option to its employees because while implementing NPS, it was made applicable to "all new recruits". The Central Government therefore found it fit not to force the employees whose recruitment process began prior to the introduction of NPS, to join the NPS.
20. In the case of Government of Kerala, the NPS was made applicable to "all appointments made after the implementation date of NPS". The notification of the Government of Kerala was clear and unambiguous. The States have a right to decide as to who are the employees 2026:KER:16647 W.P.(C) No.37160/2023 : 14 : who should be brought under the NPS. Therefore, the petitioners cannot be heard to contend that they and similarly situated employees should also be given option. The reliance placed by the petitioners on Ext.P9 judgment of the Hon'ble High Court of Judicature at Bombay would therefore be of no assistance to the petitioners.
21. As the Government issued Ext.P3 Government Order introducing NPS, the petitioners will be governed by the same. The submission of an application pursuant to PSC notification or inclusion of the petitioners in a select list would not give rise to any right to the petitioners to be retained in the Statutory Pension Scheme. Mere inclusion of a candidate in a select list would not guarantee that the candidate would get appointment.
22. The right of the petitioners as employees would arise only when they are appointed in the service. The petitioners were appointed in service subsequent to 01.04.2013 on which date NPS came into effect. The 2026:KER:16647 W.P.(C) No.37160/2023 : 15 : petitioners therefore cannot aspire to get the benefits of an earlier pension scheme.
The writ petition is without any merit and it is hence dismissed.
Sd/-
N. NAGARESH, JUDGE aks/24.02.2026 2026:KER:16647 W.P.(C) No.37160/2023 : 16 : APPENDIX OF WP(C) NO. 37160 OF 2023 PETITIONERS' EXHIBITS Exhibit P1 A COPY OF THE NOTIFICATION NO.A2- 11446/2010/REC3 DATED 28.09.2011 ISSUED BY THE 4TH RESPONDENT Exhibit P2 A COPY OF THE 1ST PAGE OF THE RANK LIST BEARING NO.A2-11446/2010/REC3 DATED 08-08-2012 PUBLISHED BY THE 4TH RESPONDENT Exhibit P3 A COPY OF G.O.(P) NO. 20/2013/FIN DT.07.01.2013 ISSUED BY THE 2ND RESPONDENT Exhibit P4 A COPY OF THE GOI NOTIFICATION F.NO.5/7/2003-ECB &PR DATED 22.12.2003 Exhibit P5 A COPY OF THE RELEVANT PAGE IN THE WEBSITE'HTTPS://PRISM.KERALA.GOV.IN/NPS .JSP' REGARDING NPS(NO DATE) Exhibit P6 A COPY OF G.O(P) NO. 58/2020/FIN. DT.
13.05.2020 NOTIFIED IN THE KERALA GAZETTE DATED 04-06-2020 Exhibit P7 A COPY OF THE GOVERNMENT OF INDIA'S OFFICE MEMORANDUM NO.57/05/2021-P&PW (B) DT.03.03.2023 Exhibit P8 A COPY OF THE REPRESENTATION DATED 14-07-2023 SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT Exhibit P9 A TRUE COPY OF THE JUDGMENT OF THE BOMBAY HIGH COURT IN WP NO. 2270 OF 2021, PRONOUNCED ON 28TH APRIL 2023 RESPONDENT'S EXHIBITS Exhibit R2(a) A TRUE COPY OF THE JUDGMENT IN O.P(KAT).NO.336/2023 DATED 05-09-2023 Exhibit R2(b) A TRUE COPY OF THE G.O(P).NO.110/2023/FIN DATED 02-11-2023