Kerala High Court
Deputy Director Of Collegiate ... vs Leelamma Philip.K on 6 March, 2020
Bench: A.M.Shaffique, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941
WA.No.827 OF 2019
AGAINST THE JUDGMENT DATED 6.3.2020 IN WP(C) 8018/2015(B) OF HIGH
COURT OF KERALA
APPELLANTS/RESPONDENTS 2 TO 4 IN THE WPC:
1 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOTTAYAM
2 DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM
3 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT HIGHER
EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
BY B. VINOD-SR.G.P.
RESPONDENTS/PETITIONER & RESPONDENT NO.1 IN WPC:
1 LEELAMMA PHILIP.K.,
LECTURER, SELECTION GRADE (RETD),DEPARTMENT OF
MATHEMATICS,BCM COLLEGE, KOTTAYAM, RESIDING AT
THERANTHANAM,S.H.MOUNT P.O., KOTTAYAM-686 006
2 THE PRINCIPAL,
BCM COLLEGE, KOTTAYAM 686001
R1 BY ADV. SRI.S.MUHAMMED HANEEFF
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06.03.2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.A.No.827/2019
JUDGMENT
Dated this the 6th day of March 2020 Shaffique, J This appeal is filed by the State and its officers challenging the judgment dated 9.4.2018 in W.P.(C).No. 8018/2015 of the learned Single Judge. The writ petition was filed by the 1 st respondent herein inter alia seeking for a direction to reckon the period of service as Programmer in Vikram Sarabhai Space Centre (for short 'VSSC') during the period from 12.9.1972 to 27.12.1977 for the purpose of pensionary benefits.
2. The facts involved in the case would disclose that the petitioner was working in the VSSC as a Programmer from 12.9.1972 and she was relieved on 27.12.1977 as evident from Ext.P3. Subsequently, she joined St. Stephen's College, Uzhavoor in a leave vacancy. Her service was terminated when the incumbent cancelled the leave. Subsequently, she was appointed in a permanent post at BCM College, Kottayam and retired from service on 31.3.2004. For pensionary benefits, her service in the VSSC from 12.9.1972 to 27.12.1977 was not reckoned and pension is being paid accordingly. 3 W.A.No.827/2019 Her complaint is that the period during which she worked in VSSC from 12.9.1972 till 27.12.1977 should be reckoned for the purpose of pensionary benefits.
3. The learned Single Judge by the impugned judgment allowed the writ petition and directed the respondents/appellants herein to re- fix the pension of the petitioner reckoning the service rendered under the Central Government Department prior to her appointment in aided college. While impugning the aforesaid judgment, the learned Government Pleader submits that though Teachers in aided colleges are also entitled for the benefit of pension if he or she had worked in Central Government service as laid down by a Full Bench of this Court in State of Kerala v. Haridasan (2015 (2) KLT 145 (FB), the service in the VSSC cannot be termed as Central Government service.
4. There is no dispute about the fact that if the service in VSSC can be reckoned as service in Central Government, the petitioner is entitled to add on the said period, to the service rendered by her in the aided college, for pensionary benefits.
5. Note 2 of Rule 11 of Part III KSR reads as under:
"Note 2.Temporary employees of the Government of India on deputation to the State Government who are subsequently absorbed in the service of the State Government will be allowed to count for pension the period of their continuous temporary service under the Government of India immediately preceding the service under the 4 W.A.No.827/2019 State Government (Vide also Rule 61). Employees of State Government Departments who left the former service in Central Government/Central Public Sector Undertakings on their own volition for taking up appointment in State Government departments will be allowed to reckon their prior service for all pensionary benefits along with the service in State Government Departments. In the case of prior service rendered by Central Government Employees in State Government and vice versa, the liability of pension including gratuity, will be borne in full by the Central Government/State Government to which the Government servant permanently belongs at the time of retirement and no recovery of proportionate pension will be made from Central Government/State Government under whom he had served. But in the case of employees who left the former service in Central Public Sector Undertakings, this benefit will be available only if the former employer remits the share of proportionate pro-rata pension liability on a service share basis."
6. Only question to be considered is whether, VSSC is a department of Central Government or not. In fact in the counter affidavit, the Government did not take a contention that the service in VSSC is not a service in Central Government. In the objection no such contention is taken. In fact, no material has been produced to indicate as to whether the VSSC is an institution by itself. Admittedly, it is not a statutory authority or any other organisation having an independent function. It is a Department under the Ministry of Space.
7. Learned counsel for the contesting respondent submits that even the appointing authority is the Central Government. Taking into account these facts, especially when such a contention was not raised 5 W.A.No.827/2019 at any point of time earlier, we don't find any error in the finding rendered by the learned Single Judge.
Since no grounds are made out for interference, the writ appeal is dismissed.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
GOPINATH P.
kp True copy JUDGE
P.A. To Judge