Kerala High Court
Prof.Mohanaraj P.K vs State Of Kerala on 6 March, 1995
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 12TH DAY OF OCTOBER 2017/20TH ASWINA, 1939
WP(C).No. 17735 of 2017 (N)
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PETITIONER:
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PROF.MOHANARAJ P.K, PRINCIPAL,
S.A.S.S.N.D.P.YOGAM COLLEGE,
KONNY, PATHANAMTHITTA,
RESIDING AT SREELAKAM,
VALIYA PARAMBIL, VELLIYARA.P.O.,
PATHANAMTHITTA DISTRICT, PIN-689 612.
BY ADV. SRI.SIJI ANTONY
RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY
THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, FINANCE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2. THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
3. THE DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695 001.
4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
DIRECTORATE OF COLLEGIATE EDUCATION,
KOTTAYAM, PIN-686 001.
5. THE ACCOUNTANT GENERAL (A & E), KERALA
THIRUVANANTHAPURAM, PIN-695 001.
BY SENIOR GOVERNMENT PLEADER SMT.MARY BEENA JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 12-10-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C).No. 17735 of 2017 (N)
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APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1: A TRUE COPY OF THE EMPLOYEE DATA SHEET WITH
(PEN)462088.
EXHIBIT P2: A TRUE COPY OF THE PROCEEDINGS
NO.GA.II/A2/4454/94 DATED 06.03.1995.
EXHIBIT P3: TRUE COPY OF THE PETITIONER'S PENSION PROPOSAL
IN FORM NO.2 ALONG WITH DATA INPUT SHEET.
EXHIBIT P4: A TRUE COPY OF THE VERIFICATION REPORT
NO.PR 2101780773 DATED 11.05.2017.
EXHIBIT P5: A TRUE COPY OF THE PENSION PAYMENT ORDER
P.P.O.NO.111778346 DATED 11.05.2017.
EXHIBIT P6: A TRUE COPY OF THE GRATUITY PAYMENT ORDER
DATED 11.05.2017.
EXHIBIT P7: A TRUE COPY OF THE COMMUTATION PAYMENT ORDER.
EXHIBIT P8: A TRUE COPY OF THE ODER ISSUED BY THE
1ST RESPONDENT DATED 09.05.2016.
EXHIBIT P9: A TRUE COPY OF THE ORDER ISSUED BY THE
1ST RESPONDENT DATED 05.08.2016.
EXHIBIT P10: A TRUE COPY OF ORDER G.O(RT)NO.7194/2015/FIN
DATED 06.08.2015.
EXHIBIT P11: A TRUE COPY OF THE JUDGMENT IN
W.P[C]NO.20495/2013 DATED 23.07.2014.
EXHIBIT P12: A TRUE COPY OF THE JUDGMENT DATED 23.2.2015 IN
W.A.NO.377/2015.
EXHIBIT P13: A TRUE COPY OF THE JUDGMENT DATED 20.07.2015 IN
SLP(C)NO.19441/2015.
EXHIBIT P14: A TRUE COPY OF THE APPOINTMENT ORDER
DATED 8.7.1991.
EXHIBIT P15: A TRUE COPY OF THE ORDER NO.GA II/A2/3713/90
DATED 3.7.1992.
EXHIBIT P16: A TRUE COPY OF THE ORDER NO.2/NAT/1344
DATED 30.7.1992.
EXHIBIT P17: A TRUE COPY OF NO.2/SNP/1581 DATED 17.8.1994.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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P.V.ASHA, J.
W.P.(C) No.17735 of 2017
Dated this the 12th day of October, 2017
JUDGMENT
The petitioner is a retired Principal. He filed this writ petition, challenging the orders Exts.P8 and P9, by which the Government ordered regular/broken spells including leave vacancy of aided School/aided College service of regular aided school/aided college staffs shall not be counted for pension with full time regular aided school/college service. The petitioner claims that he has worked for the period from 16.7.1991 onwards and his entire service is not reckoned for the purpose of pension. The validity of the Government orders, impugned in this writ petition, has already been considered by me in a batch of writ petitions in my judgment dated 16.9.2017 in WP (C) No.29356 of 2016 & con.cases, in which I have upheld these orders in the light of rule 14E (b) of Part III KSR which reads as follows:
(b) Aided private college service, both teaching and non-teaching, of Government employees prior to their entry in Government service shall qualify for pensionary benefits, subject to the following conditions, namely:--
i)The actual period of regular full time service rendered from the date of actual introduction of Direct Payment System in the aided private college shall be counted.
ii)Service rendered prior to the introduction of Direct Payment System in any aided private college shall be counted only for the period of those incumbents who have been paid salary under grant-in-aid scheme introduced with effect from 1965.
iii)In cases of resignation of the appointment in private college service for the purpose of taking up appointment in Government, break, if any, between the private college service and the Government service shall not exceed the joining time admissible under the service rules, plus public holidays. Service prior to resignation for other purposes shall not be counted.
iv)The Government contribution if any, to their Provident Fund Account in respect of their aided private college service shall be refunded to Government.
v)The Management's share of contribution if any in Provident Fund Account in respect of aided private college staff shall be credited to Government. In such cases, a W.P.(C) No.17735/17 :2: certificate in the following form shall be recorded in the Service Book by the Head of Institution in which the incumbent had worked duly countersigned by the Head of the Department.
"Certified that the Governments'/Managements' share of contribution with interest thereon which should otherwise have gone to the employee has not been/shall not be paid to him/her but has been/shall be credited to Government."
The certificate regarding the crediting of Managers' contribution is not necessary when contributions are to be paid back to the Management under rules.
vi)For counting the aided private college service, a certificate in the following form shall be recorded in the Service Book by the Head of the Institution in which the incumbent had worked duly countersigned by the Head of the Department.
"Service has been verified with reference to the initial records such as attendance registers, acquittance rolls, pay bills etc., and is qualifying for pension."
The case of the petitioner will also be governed by the said judgment. The petitioner claims that he has got regular service in another College as Junior Lecturer. In case there is any regular service, it is for the Deputy Director of Collegiate Education to consider the same in accordance with law.
The writ petition is dismissed with the above observation.
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P.V.ASHA JUDGE rkc The second sentence in the penultimate paragraph of the judgment dated 12.10.2017 in WP(C) No.17735 of 2017 is corrected and substituted as "The petitioner claims that his entire regular service is not reckoned towards qualifying service" instead of "The petitioner claims that he has got regular service in another College as Junior Lecturer" as per order dated 24.11.2017 in I.A.No.18195 of 2017 in WP(C) No.17735 of 2017.
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Registrar (Judicial)