IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 9308 of 2006(G) -------------------------------------- PETITIONER(S): ----------------------- E. ABDUL VAHID, LECTURER, SELECTION GRADE, DEPARTMENT OF ARABIC, UNIVERSITY COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.JOSHI N.THOMAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, `VIKAS BHAVAN', P.M.S. JUNCTION, THIRUVANANTHAPURAM. 3. THE ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION, CONVENOR SCREENING AND SELECTION COMMITTEE, O/O. ADDITIONAL DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. THE ACCOUNTANT GENERAL (A & B) KERALA, P.B.NO.5607, M.G.ROAD, THIRUVANANTHAPURAM. 5. THE PRINCIPAL, UNIVERSITY COLLEGE, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER MR.NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 9308 of 2006(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE ORDER NO.UGC CELL. 111(1)3952/96/COLL. EDN. DATED 13/02/1998 ISSUED BY THE 3RD RESPONDENT. EXT.P2 COPY OF THE REPRESENTATION DATED 08/05/1998 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P3 COPY OF THE ORDER G.O.(RT) NO.1336/99/H.EDN. DATED 23/11/1999, THIRUVANANTHAPURAM. EXT.P4 COPY OF THE CIRUCULAR U.G.C. CELL.1(1)32674/90/COLL.EDN. DATED 14/10/1991. EXT.P5 COPY OF THE ORDER G.O.(MS) NO.209/96/H.EDN. DATED 24/12/1996, THIRUVANANTHAPURAM, ISSUED BY THE 1ST RESPONDENT. EXT.P6 COPY OF THE ORDER NO.U.G.C. CELL.111/25714/99/COLL. EDN. DATED 30/11/1999 ISSUED BY THE 3RD RESPONDENT. EXT.P7 COPY OF THE ORDER U.G.C. CELL.111(1)/41161/01/COLL. EDN. ISSUED BY THE 3RD RESPONDENT DATED 15/01/2004. EXT.P8 COPY OF THE ORDER NO.U.G.C. CELL. 111(1)27757/04/COLL. EDN. DATED 08/09/2004 ISSUED BY THE 2ND RESPONDENT. EXT.P9 COPY OF THE ORDER NO.U.G.C. CELL.111(1)27757/04 COLL. DATED 14/12/2004 ISSUED BY THE 3RD RESPONDENT. EXT.P10 COPY OF THE LETTER NO.B2/396/06/UC DATED 16/02/2006 ISSUED BY THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.9308 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2011 J U D G M E N T The petitioner retired from service as a Lecturer in Government Colleges. He entered service on 05.10.1982. He was out of service for want of vacancy for the period from 09.11.1982 to 07.12.1982 and again for the period from 12.10.1984 to 18.09.1992. From 19.09.1992 onwards the petitioner has been working regularly. The petitioner seeks counting of the period during which the petitioner was out of service for want of vacancy also as qualifying service for pension. The petitioner relies on Ext.P1 order and also the judgment in W.P. (C) No.17103/2003 which according to the petitioner, gave similar relief to similarly placed lecturers. The petitioner submits that in Ext.P1 order in respect of another lecturer, the period during which that person was out of service for want of vacancy had been regularised as duty for all purposes without back arrears and therefore the petitioner is also entitled to count W.P.(C)No.9308 of 2006 -2- the period during which the petitioner was not on duty for the purpose of calculating pension. The petitioner seeks the following reliefs: “i) issue a writ of certiorari or any other appropriate writ or direction calling for records leading to Ext.P3 and quashing the same; ii) declare that the ousted period of service of the petitioner from 09.11.1982 to 7.12.1982 and 12.10.1984 to 19.10.1984 and 30.10.1984 to 18.09.1992 as qualifying service for counting towards pension; iii) issue a writ of mandamus or any other appropriate writ or direction commanding the 1st and 2nd respondent to treat the ousted period of service of the petitioner as duty for all purposes without backwages” 2. A counter affidavit has been filed wherein, the stand taken is that broken periods of service put in prior to regular service can be counted for placement in senior scale and selection grade etc. But the same cannot be counted for retirement benefits. Apart from that, the period during which a person was out of service cannot in any event be counted for retirement benefits, since only actual service can be counted for pension, is the contention raised. 3. I have considered the rival contentions in detail. 4. This writ petition was admitted on 28.03.2006 W.P.(C)No.9308 of 2006 -3- when this Court passed the following order: “The petitioner submits this Court has already granted reliefs in W.P. (C) No.17103/2003, to similarly placed persons. In view of the said judgment, admit. Issue notice” I have gone through the judgment in W.P. (C) No.17103/2003. That judgment does not relate to any claim for retirement benefit counting period during which a lecturer was out of service for want of vacancy, at all. That relates to counting of broken periods of service for the purpose of placement as Lecturer (Senior Scale) and the Lecturer (Selection Grade) and does not relate to counting of period during which a Lecturer was kept out of duty for want of vacancy. Of course in Ext.P1 it is stated that as per a Government order the period during which one N.M. Abdullah was out of service has been regularised as duty for all purposes without back arrears. I have serious doubts regarding the validity of that order even. In any event, in Ext.P1, the relief granted is one of counting of that period for the purpose of placement as Lecturer (Senior Scale) and not for counting of that period as qualifying W.P.(C)No.9308 of 2006 -4- service for pension. Pension can be granted only for the period during which an employee has served the Government. The period during which a person was out of service for want of vacancy cannot by any stretch of imagination be counted as qualifying service for pension. Neither in Ext.P1 order nor the judgment in W.P. (C) No.17103/2003 lays down any proposition to the contrary. Therefore, the petitioner is not entitled to count the period during which the petitioner was out of service for want of vacancy as qualifying service for pension. In the above circumstances, the petitioner is not entitled to the reliefs prayed for and the writ petition is accordingly dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/