IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 11552 of 2009(L) -------------------------- PETITIONER(S): --------------- 1. N. ARAVINDAKSHAN, SELECTION GRADE LECTURER (RETD) SREE NILAYAM, 265, KAVANAD NAGAR, KAVANAD.P.O, KOLLAM. 2. V.N. OMANA, SELECTION GRADE LECTURER (RETD), KUNJU KRISHNA, GNRA 30, M.G. ROAD, ATTINGAL. BY ADV. SRI.BABU VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, P.M.G. JUNCTION, THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL OF KERALA, THIRUVANANTHAPURAM. BY SRI. K. RAMESH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: True copy of the letter No.F.1-6/90(P.S.Cell) dated 29.1.1990 of the U.G.C. Ext.P2: True copy of the G.O.(MS) No.125/94 H. Edn. dated 7.10.1999 Ext.P3: True copy of the proceedings dated 18.1.2003 issued by the 2nd respondent. Ext.P4: True copy of the order dated 22.12.2000 issued by the 2nd respondent in favour of the 2nd petitioner. Ext.P5: True copy of the letter dated 20.7.2001 sent to the 2nd respondent by the Director of Collegiate Education, Karnataka. Ext.P6: True copy of the Representation dated 2.5.2005 submitted by the 1st petitioner to the 1strespondent. Ext.P6(a): True copy of the Representation dated 5.5.2005 submitted by the 1st petitioner to the 1st respondent. Ext.P6(b): True copy of the Representation dated 2.5.2005 submitted by the 1st petitioner to the 3rd respondent. Ext.P7: True copy of the G.O.(P) No.2357/99/Fin.dated 25.11.1999. Ext.P8: True copy of the G.O.(P)No228/2001/FIN dated 2.2.2001 /True copy/ P.A. To Judge T.R. RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 11552 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2009 J U D G M E N T This writ petition is filed by the petitioners who have retired from service as Selection Grade Lecturers. The main relief sought for in the writ petition is for a direction to reckon their previous service in University/Colleges outside Kerala for the purpose of granting pensionary benefits also. The petitioners have been granted placement as Senior Grade Lecturers and as well as Selection Grade Lecturers after reckoning the same. 2. The first petitioner was initially appointed as Lecturer w.e.f.9.10.1972 in Sree J.C.B.M.College, Sringeri, which is affiliated to Mysore University. He continued there for 8 years 9months and 12 days i.e. upto 14.7.1981. After selection through Public Service Commission he joined the Government College, Chittoor w.e.f.17.7.1981. The second petitioner was initially selected and appointed as lecturer in Vivekananda College, Agasteeswaram P.O., Kanyakumari District w.e.f. 14.7.1967 and continued up to 15.2.1979. After selection through Public Service WPC.W.P. (C) No. 11552 OF 2009 : 2 : Commission she also joined Government Collegiate Education Service w.e.f.18.2.1979. 3. The petitioners were placed in the Senior Scale as well as the Selection Grade as per Exts.P3 and P4. The said orders were passed after reckoning the outside state services of the petitioners. But these were not reckoned for the purpose of granting pensionary benefits. They had filed Exts.P6(a) and P6(b) representations. The petitioners have produced Exts. P7 and P8 orders passed by the Government in support of the claim that the previous service could be reckoned for the purpose of granting pension. 4. The issue that is raised by the petitioner is covered in their favour in the light of the judgment of this court in WP(C) No.37176/2003, wherein the same question was considered. After considering the relevant aspects elaborately that this court held as follows: “I do not find any justification in refusing to reckon the period of service rendered by the petitioner outside Kerala for the purpose of fixation of pension, particularly since the services rendered by her outside Kerala had been reckoned for granting her promotion WPC.W.P. (C) No. 11552 OF 2009 : 3 : as Selection Grade Lecturer.” The position canvassed by the petitioner is also the same. As a period in question has been considered already for the purpose of granting the senior scale and Selection Grade, there is no justification for denying the benefit. 5. I respectfully agree with the view taken by the learned Judge in WP(C)No.37176/2003. It is stated that the judgment has become final and there was no appeal also. In the light of the above the writ petition is allowed. There will be a direction to the respondents to reckon the period of outside service of the petitioners for the purpose of quantifying pensionary benefits. Appropriate orders will be passed within a period of two months of the date of receipt of a copy of this judgment. On the basis of the revised orders, the petitioner will be entitled to draw the revised pensionary benefits also. No costs. (T.R. RAMACHANDRAN NAIR, JUDGE) jma