IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 914 of 2008(H) ------------------------------------ PETITIONER(S): ------------------------ PROF. C.JOSE, DAVIDSON (RTD.), SHARON, 31 - CHEMPA NAGAR, BAKERY JUNCTION, THIRUVANANTHAPURAM. BY ADV. SRI.LAL GEORGE, SMT.ANN SUSAN GEORGE. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR.SANDESH RAJA. R3 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 914/2008-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MEMORANDUM OF SERVICE ISSUED FROM THE SCOTT CHRISTIAN COLLEGE, NAGARKOVIL. EXT.P2: COPY OF THE SERVICE CERTIFICATE. EXT.P3: COPY OF THE PROCEEDINGS. EXT.P4: COPY OF THE PROCEEDINGS ISSUED BY THE REGISTRAR. EXT.P5: COPY OF THE DO LETTER SENT BY UGC. EXT.P6: COPY OF THE GOVERNMENT ORDER. EXT.P7: COPY OF THE RELEVANT PORTION OF THE SERVICE BOOK AND THE PENSION FORM NO.2 ATTACHED TO THE SERVICE BOOK. EXT.P8: COPY OF THE JUDGMENT IN WP(C) NO. 37176/2003. EXT.P9: COPY OF THE GOVERNMENT ORDER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.914/2008-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of September, 2010 J U D G M E N T The petitioner seeks for a direction to reckon his 8 years and 5 months outside teaching service as qualifying service for pension which was originally accounted for granting Grade promotion. He retired from service as Professor of Mathematics, Christian College, Kattakada. The petitioner was initially appointed as Junior Lecturer in Scott Christian College, Nagarcovil, Tamilnadu on 07/10/1968 and worked there till 14/06/1972, putting in total continuous service of 3 years, 7 months and 16 days as evident from Ext.P1. Thereafter, he had worked in the Bishop Herber College, Trichanappilly as Junior Lecturer from 01/07/1972 to 31/10/1976 for a continuous period of 4 years and 5 months which is evidenced by Ext.P2 copy of the Service Certificate. 2. Later on, he served the Bishop Moore College, Mavelikkara during the period from 01/11/1976 to 31/01/1979 as Lecturer. Then he joined Christian College, Kattakada as Lecturer in Mathematics on 01/02/1979. He was promoted as Grade II Professor with effect from 15/06/1983 as per proceedings dated 07/11/1983 (Ext.P3). It is pointed out that while granting higher grade promotion, his continuous W.P.(C). No.914/2008 -:2:- service in Madras University was taken into consideration. The petitioner is relying upon Ext.P8 Judgment of this Court in W.P.(C).No.37176/2003 wherein a similar question was considered in a case of a person who had rendered service as Assistant Professor in Tamilnadu. The Judgment was in her favour and by Ext.P9, the Government implemented the Judgment also. 3. The learned counsel for the petitioner, Shri Lal George submitted that Ext.P9 order will show that the Government has taken conscious decision to reckon the previous service rendered outside the State as qualifying service for the purpose of pension, which will be a decision in terms of Rule 11 Part III of K.S.R. It is therefore, submitted that the petitioner is also entitled for the said benefit. 4. The learned Government Pleader submitted that what is relevant is only Rule 20 and Note therein of Part III K.S.R. which does not cover the outside service rendered in Tamil Nadu in erstwhile Madras University or any other Universities by persons like the petitioner, as eligible to be reckoned as qualifying service for pension and DCRG. The learned Government Pleader placed reliance upon a Judgment of a Division Bench of this Court in Babu v. Chief Engineer [2006 (4) KLT SN Pg.77-Case No.107]. 5. A reading of Ext.P8 Judgment shows that the learned Single Judge was of the view that there was no W.P.(C). No.914/2008 -:3:- justification in refusing to reckon the period of service rendered by the petitioner outside Kerala for fixation of pension, particularly since the service rendered by her, outside Kerala had been reckoned for granting her promotion as Selection Grade Lecturer. 6. There cannot be any dispute that the reckoning of the period of service rendered outside Kerala for the purpose of sanction of various grades is based on the relevant Government Orders under the University Grants Commission's Schemes. Here, we are concerned with the question whether the petitioner is entitled to reckon the previous service rendered outside the State as qualifying service for the purpose of pension. As far as the sanction of pension are concerned, they are evidently covered by the provisions of Part III K.S.R. Even the Note to Rule 20 in Part III K.S.R does not cover the service like that is rendered by the petitioner in respect of a University outside Kerala as reckonable for the purpose of grant of pension and D.C.R.G., as qualifying service. Therefore, merely because for the purpose of sanction of Grade under the U.G.C. Scheme, the said period of service was reckoned, it will not automatically entitle the petitioner to claim similar benefit for reckoning that period for revised pension also. The service rendered under another employer outside the State cannot be reckoned for the purpose of grant of pension in the absence of an enabling provision in W.P.(C). No.914/2008 -:4:- the K.S.R. Therefore, I respectfully disagree with the view taken in Ext.P8 Judgment. Normally, it requires a reference of the matter to a Division Bench. But, there is a binding decision of another Division Bench in Babu v. Chief Engineer [2006 (4) KLT SN Pg.77-Case No.107] wherein this Court held thus:- “Pension is payable only on the basis of Rules provided in Part III KSR, taking into account the qualified service as reckonable in terms of the said Rules. No provision in the said Rules enabling counting the service in the Kerala State Electricity Board for the purpose of grant of pension on retirement from Government service, is brought to our notice. The trump card that the appellant possesses is Annexure-A2 Government Order No.G.O.(P)228/2001/Fin. dated 02/02/2001 which indicates that the Government intends to add a note to Rule 20 Part III KSRs. Such a note is not yet notified. The said Government Order in its last sentence provides that “The formal amendments to Part III KSRs. will be issued separately”. This Annexure-A2 is not an amendment to the Rules but only an intention to amend the Rule. The formal amendment is not yet incorporated. Even if the proposed amendment is incorporated, it will be W.P.(C). No.914/2008 -:5:- doubtful whether can also be brought within the purview of expression 'etc.' appearing in that proposed note.” Therein also it was evident that there is no Government Order or any provision in the Rules enabling counting of service in the Kerala State Electricity Board for the purpose of grant of pension. This Court was of the view that since Rules have not been amended, the said service cannot be reckoned. 7. Therefore, the dictum laid down by the Division Bench in the Babu's case [2006 (4) KLT SN Pg.77-Case No.107], will squarely apply to the facts of this case. 8. However, the learned counsel for the petitioner submitted that Ext.P9 will evidence a general order passed by the Government. A reading of the order shows that sanction was accorded in compliance with the direction in Ext.P8 Judgment which is evident from sub-para (2) of the said Government Order and it does not have a general application. In that view of the matter, the petitioner is not entitled to succeed in the matter. The writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms