Kerala High Court
T.K. Prathapan vs State Of Kerala on 21 November, 2008
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14836 of 2004(N)
1. T.K. PRATHAPAN, VARUMPILLISSERIL
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY
... Respondent
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
3. THE ACCOUNTANT GENERAL, TRIVANDRUM,
For Petitioner :SMT.V.P.SEEMANDINI (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :21/11/2008
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.14836 of 2004
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Dated this the 21st day of November, 2008
J U D G M E N T
The petitioner retired from service as a Lecturer of an aided college on 31.3.2000. Prior to entry into the service of the aided college, the petitioner had put in service in the Institute of Armament Technology under the Central Government for the period from 15.1.1973 to 12.10.1981. The petitioner requested that the Central Government service also may be counted for the purpose of computing retirement benefits. However, by Ext.P2 pension sanctioning order, that service was not counted for the purpose of calculating retirement benefits. The petitioner's representation in this regard did not bear any fruit. By Ext.P6 order, ultimately the Director of Collegiate Education informed the petitioner that the petitioner's request cannot be considered. In the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:
"a) to issue a writ of certiorari or other appropriate writ order or direction to quash Ext. P5 and P6 letters since those letters are issued applying a wrong provision of law and already superceded govt. orders.
b) to issue a writ of certiorari or other appropriate writ order or w.p.c.14836/04 2 direction to quash Ext. P5 & P6 letters since those letters are issued against the spirit of the relevant provisions of KSR, as also in violation of Ext. P7 to Ext. P12 Govt. orders.
c) to issue a writ of mandamus or other appropriate writ order or direction directing the respondents to count the Central Govt.
service rendered by the petitioner for the period from 15.1.1973 to 12.10.1981 as 'Qualifying Service' for the purpose of calculating his retirement benefits on the basis of Exts. P7 to P13 Govt. orders.
d) to issue a writ of mandamus or other appropriate writ order or direction directing the respondents to refix the petitioner's pension counting his full Central Govt. service and to disburse such revised pension arrears with 12% interest from the date of his retirement until the date of payment."
2. With the help of the counter affidavit, the learned Government Pleader opposes the prayers of the petitioner. According to the learned Government Pleader, clubbing of Central Government services with aided college service for the purpose of computation of pension is not permissible under law.
3. I have considered the rival contentions in detail.
4. It cannot be disputed that the aided college service is not Government service. Of course, there are Government orders to the effect that prior Central Government service is reckonable for pension in the State service, provided prescribed conditions are satisfied. For the purpose of clubbing Central Government service with aided college service for the purpose of retirement benefits, there is no Government order. All Kerala Private College w.p.c.14836/04 3 Teachers' Association requested the Government that prior service under the Central Government/Central Public Sector Undertakings put in by private aided college teachers should also be counted for pensionary benefits. By Ext.R1(a) the Government rejected the claim in view of the financial position of the State. That would also show that without an appropriate Government order permitting reckoning of prior Central Government service of a aided college teacher, the same cannot be so reckoned. The petitioner would rely on Exts.P7, P8, P9, P10, P11 and P12 orders in support of his case. But none of these orders pertain to aided college service. Although some pertain to computation of past service of absorption in State Government and Central Government autonomous bodies to Central Government and Central Government autonomous bodies and vice versa, for the purpose of retirement benefits, those orders cannot be made applicable to retirement benefits in respect of aided college service. Of course the petitioner relies on the decision of this Court in Jacobkutty v. State of Kerala [2004 (2) KLT 190], wherein this Court directed aided school service to be counted for the purpose of pension in a Central Government w.p.c.14836/04 4 undertaking. I do not think that the facts of case have any similarity with that of this case and therefore the same cannot be regarded as a supporting precedent for the petitioner's claim. In so far as there is no Government order which permits prior Government service followed by aided college service to be reckoned for the purpose of pension, I do not think that the petitioner's claim can be countenanced. Accordingly, the writ petition is dismissed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
w.p.c.14836/04 5