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5. We heard the arguments of the learned counsel appearing for the appellant in W.A.No.1124/2010 and also for respondents 1 to 3 in W.A.No.645/2010, the learned Standing Counsel for the University of Kerala and the learned Senior Government Pleader appearing for the official respondents in W.A.No.1124/2010 and also for the appellants in W.A.No.645/2010.

6. Brief facts in W.A.No.1124/2010, necessary for deciding the question of law that arises for consideration of the Full Bench and for the disposal of the cases, are as follows; The appellant who entered service on 13/6/1977 as Lecturer in the Department of Chemistry in the St.John's College, Anchal, a Private Aided College affiliated to the University of Kerala, 5th respondent herein, retired from service on 31/5/2006, while working as Lecturer (Selection Grade). Prior to that, the appellant was working as Lower Division Clerk in the General Education Department, Government of Kerala, for the period from 30/7/1973 to 12/7/1974 and thereafter, as Auditor in the Office of the Accountant General, Kerala, which is a Central Government Service, for the period from 17/7/1974 to 13/6/1977. While working as Auditor in the Office of the Accountant General, Kerala, the appellant left the Central Government Service on his own volition and joined as a Lecturer in an Aided College. After excluding the period from 1/6/1982 to 31/5/1985, the period during which the appellant was on Leave Without Allowance for seeking employment abroad, he had 11 months and 12 days service as L.D. Clerk in the General Education Department; 2 years, 10 months and 27 days service as Auditor in the office of the Accountant General; and 25 years, 11 months and 19 days service in the Private Aided College. The service rendered by the appellant as L.D. Clerk in the General Education Department has already been reckoned for the purpose of fixing his pensionary benefits. The issue that fell for consideration before the learned Single Judge was as to whether the 2 years, 10 months and 27 days service of the appellant as Auditor in the office of the Accountant General, Kerala, which is a Central Government Service, can be reckoned for the purpose of fixing his pensionary benefits, on his retirement as a Lecturer in the Private Aided College. The request in this regard made in Ext.P2 representation dated 4/10/2006 was turned down by the 3rd respondent in Ext.P6 letter dated 7/4/2007 addressed to the 4th respondent, stating that, Aided College teachers are not Government Servants, and hence Ext.P5 Government order dated 6/12/2003 has no application in their case.

30. In Prof. C. V. Simon and another v. Secretary to Government and others (2012 (1) KLT 947) a Division Bench of this Court repelled the claim made by two Lecturers in Aided Colleges affiliated to the Calicut University for reckoning their prior Central Government Service for computing their pensionary benefits. But, a reading of the said judgment makes it clear that, the Division Bench repelled the said claim as the appellants were not able to show that their claim was covered by any provisions of KSR or Government orders to count such service under the Central Government also for granting pensionary benefits.

37. The learned counsel appearing for respondents 1 to 3 in W.A.No.645/2010 contended that, since it has been specified in G.O(P) No.367/87/Fin. dated 31/3/1987 that the provisions contained therein takes effect from 1/4/1987 and apply to all cases of leave salaries and pensions sanctioned on or after that date, the provisions contained in G.O.(P)No.703/2002/Fin. dated 12/11/2002 and G.O.(P) No.651/2003/Fin. dated 6/12/2002, which were given statutory validity G.O.(P)No.39/2006/Fin. dated 23/1/2006, by substituting the second sentence in Note 2 to Rule 11 of Part III of KSR, should also take effect from 1/4/1987, instead of 12/11/2002. The learned counsel has also pointed out that, the Government has already granted the benefit of these orders to two Private Aided College Lecturers who retired from service on 31/3/2002. We are unable to agree with the above contention taken by the learned counsel. As we have already noticed, going by Sub-sections (1A) and (5) of Section 57 of the Act, appointments to the post of Lecturers in a Private Aided College affiliated to the University of Kerala can be made by the Educational Agency only by direct recruitment, on the basis of merit, after advertising the posts in the manner prescribed by the Statutes. Till the issuance of G.O.(P)No.703/2002/Fin. dated 12/11/2002, there were no rules regarding the reckoning of prior service in Government of India/Central Public Sector Undertakings followed by fresh appointment in the State Service based on the recruitment methods for new appointment, since the Government orders then in force covered only cases of permanent absorption after deputation. It was in such circumstances, by the aforesaid Government order dated 12/11/2002, it was ordered that, the 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 Departments will be allowed to reckon their prior service for all pensionary benefits along with the service in State Government Departments. It is specifically stated in the aforesaid Government order dated 12/11/2002 that, these orders will take effect, including monetary benefits, only from the date of the order, i.e., from 12/11/2002, and individual cases otherwise settled will not be re-opened. Accordingly, when statutory validity was given to these provisions by Government order dated 23/1/2006, by substituting the second sentence in Note 2 to Rule 11 of Part III of KSR, it was made applicable only with effect from 12/11/2002. In such circumstances, the teachers in the Private Aided Colleges affiliated to the University of Kerala, governed by Clause (1) of Statute 5 of the First Statutes, 1976, who left the former service in Central Government on their own volition for taking up appointment in the Private Aided Colleges affiliated to the University, are entitled to reckon their prior Central Government Service for all pensionary benefits, under Note 2 to Rule 11 of Part III KSR, along with their service in Private Aided Colleges, only with effect from 12/11/2002.

39. Now, we shall revert to the facts of these Writ Appeals. It is not in dispute that, the appellant in W.A.No.1124/2010 is having prior Central Government Service as Auditor in the office of the Accountant General, Kerala, for the period from 17/7/1974 to 13/6/1977. On 13/6/1977 he entered service as Lecturer in a Private Aided College affiliated to the University of Kerala and retired from service on 31/5/2006, while working as Selection Grade Lecturer. He was on Leave Without Allowance for seeking employment abroad from 1/6/1982 to 31/5/1985. Prior to his entry in Central Government Service, the appellant in W.A.No.1124/2010 was working as Lower Division Clerk in the General Education Department, Government of Kerala, for the period from 30/7/1973 to 12/7/1974 and the said service rendered by him has already been reckoned for the purpose of fixing his pensionary benefits. Similarly, the 1st respondent in W.A.No.645/2010 is having prior Central Government Service as Auditor in the office of the Accountant General, Kerala, for the period from 29/5/1970 to 13/12/1980. On 15/12/1980 he entered service as Lecturer in a Private Aided College affiliated to the University of Kerala and retired from service on 31/3/2002, while working as Selection Grade Lecturer. The 2nd respondent in W.A.No.645/2010 is having prior Central Government Service as Clerk in the Telecom Department for the period from 26/5/1973 to 8/10/1980. On 9/10/1980 she entered service as Lecturer in a Private Aided College affiliated to the University of Kerala and retired from service on 31/3/2004, while working as Selection Grade Lecturer. The 3rd respondent in W.A.No.645/2010 is having prior Central Government Service as Auditor in the office of the Accountant General, Kerala, for the period from 8/9/1972 to 7/12/1976 and thereafter in the Central Excise Department from 8/12/1976 to 28/1/1978. On 30/1/1978 he entered service as Lecturer in a Private Aided College affiliated to the University of Kerala and retired from service on 31/5/2002, while working as Selection Grade Lecturer. In view of our finding that, the teachers in the Private Aided Colleges affiliated to the University of Kerala, governed by Clause (1) of Statute 5 of the First Statutes, 1976, who left the former service in Central Government on their own volition for taking up appointment in the Private Aided Colleges affiliated to the University, are entitled to reckon their prior Central Government Service for all pensionary benefits, under Note 2 to Rule 11 of Part III KSR, along with their service in Private Aided Colleges, with effect from 12/11/2002, the appellant in W.A.No.1124/2010 and the 2nd respondent in W.A.No.645/2010, who retired from service after 12/11/2002, are legally entitled to reckon their prior Central Government Service for all pensionary benefits, along with their service in Private Aided College. But, the 1st and 3rd respondents in W.A.No.645/2010, who retired from service before 12/11/2002, are not entitled to reckon their prior Central Government Service for pensionary benefits, along with their service in Private Aided College.