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Showing contexts for: aided lecturer in State Of Kerala vs P. Haridasan on 27 February, 2019Matching Fragments
37. The learned counsel appearing for respondents 1 to 3 in W.A.No.645 of 2010 contended that, since it has been specified in G.O.(P)No.367/87/Fin. dated 31.03.1987 that the provisions contained therein takes effect from 01.04.1987 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 06.12.2002, which were given statutory validity G.O.(P)No.39/2006/Fin. dated 23.01.2006, by substituting the second sentence in Note 2 to Rule 11 of Part III of KSR, should also take effect from 01.04.1987, 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 31.03.2002. 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 23.01.2006, 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 of 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 of 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 1 st respondent in W.A.No.645 of 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 of 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 3 rd respondent in W.A.No.645 of 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 of 2010 and the 2nd respondent in W.A.No.645 of 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 1 st and 3rd respondents in W.A.No.645 of 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.
"3. The short question arising is whether the services rendered by both the appellants in institutions under the Central Government prior to their joining aided colleges in the State as Lecturers could be reckoned for the purpose of pension. Admittedly, provision for pension under Part III of Kerala Service Rules are made applicable to private college lecturers under the Calicut University Statute. Part III of KSR in Rule 9 defines what is qualifying service for the purpose of pension. Even though Rule 11 of Part III KSR speaks about power of the Government to provide for reckoning any other services rendered by employees for the purpose of pension, there is no specific orders issued by the Government to reckon services of private college lecturers rendered in Central Government or any other agency under the Central Government for the purpose of pension. In fact specific provisions are made in Rule 14A to 14E providing for reckoning various categories of previous services of Government servants and teachers for the purpose of pension. However, aided college lecturers are not covered by any of the specific rules or orders. The appellants rest their claim based on Government Order, G.O.(P)No.703/2002/Fin. dated 12.11.2012, which was produced before us by the learned Government Pleader.