IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 17997 of 2007(P) -------------------------- PETITIONER: --------------- E.V. NARAYANAN NAMBOOTHIRI, LECTURER SELECTION GRADE, DEPARTMENT OF MATHEMATICS, SREE SANKARA VIDYAPEEDAM COLLEGE, VALAYANCHIRANGARA, PERUMBAVOOR,ERNAKULAM DISTRICT. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE (PWC A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. 5. THE KERALA UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KARIAVATTOM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. SANDESH RAJA FOR R1 TO 4 ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R.5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17997/07 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE COMMUNICATION ISSUED BY THE UNIVERSITY DT. 20.3.2006. EXT.P2. COPY OF THE LETTER ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION DT. 28.3.2006. EXT.P3. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT. 16.6.2006. EXT.P4. COPY OF THE ORDER ISSUED BY THE GOVT. DT. 13.2.2007. EXT.P5. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DT. 27.4.2007. EXT.P6. COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DT. 16.5.2007. EXT.P7. COPY OF JUDGMENT IN OP NO.14135/2001 DT. 27.8.2003. EXT.P8. COPY OF NOTIFICATION ISSUED BY THE GOVT. VIDE G.O.(P) NO.269/2008/Fin. DT. 21.6.2008. EXT.P9. COPY OF THE GOVT. ORDER G.O.(P) NO.517/09/Fin. DT. 19.11.2009. EXT.P10. COPY OF THE GOVT. ORDER DT. 30.11.2009. PA TO JUDGE /TRUE COPY/ C.T.RAVIKUMAR, J. --------------------------- W.P.(C) No. 17997 OF 2007 -------------------------- Dated this the 12th day of July, 2010 J U D G M E N T The petitioner was a Lecturer (Selection Grade) in the Department of Mathematics in Sree Sankara Vidyapeedam College, Perumbavoor. The grievance of the petitioner pertains to the non-reckoning of the past service put in by the petitioner under the Kerala University for the purpose of counting Pension, Gratuity and other retiral benefits. The claim of the petitioner for the aforesaid benefits has been considered and rejected by the first respondent as per Ext.P6. The reason for rejecting the claim of the petitioner was obviously the absence of any order for reckoning such services for the aforesaid purposes. Learned counsel for the petitioner submits that subsequently an amendment was brought into Rule 20 of Part III of the Kerala Service Rules. Evidently, the said amendment came into force from 2.2.2001. The said amendment, in so far as it is relevant, reads thus:- “Provided that the past service put in by Government employees and Aided School/Aided College Teachers in Panchayat/Municipal Common service and Universities prior to their entry in State Government service or Aided School/Aided College Service shall be reckoned as qualifying service for pension and Death-cum-Retirement Gratuity from Government.” 2. In the light of the aforesaid position, the learned counsel for the petitioner submits that Ext.P6 is liable to be quashed and respondents are bound to consider the issue afresh. WPC No.17997/07 2 I see no reason to repel the said submission. In the light of the amendment that was brought into Rule 20 of Part III, KSR, as extracted above, the request of the petitioner requires a fresh consideration by the first respondent. To enable the first respondent to consider the aforesaid claim of the petitioner, Ext.P6 is set aside. Accordingly, this writ petition is disposed of with a direction to the first respondent to consider the claim of the petitioner for reckoning the past service rendered by him under the Kerala University for the period from 16.1.1976 to 22.10.1981 for the purpose of counting Pension, Gratuity and other retiral benefits in the light of the amendment brought to Rule 20 of Part III of the Kerala Service Rules. This shall be done within a period of three months from the date of receipt of a copy of this judgment. Needless to say that based on such decision, the respondent shall take appropriate steps for implementation of the said decision viz., disbursement of benefits, if any, without any further delay, at any rate, within a period of one month thereafter. C.T.RAVIKUMAR (JUDGE) vps WPC No.17997/07 3 WPC No.17997/07 4