IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 26579 of 2007(L) -------------------------- PETITIONER(S): --------------- P.M.NARAYANAN NAMBOOTHIRI, SELECTION GRADE LECTURER(RETD), RESIDING AT SREYAS, PALAKEEZHU MADOM, MUTTAM P.O., HARIPAD, ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SPECIAL SECRETARY, HIGTHER EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL(A&E) KERALA, THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 26579/2007 APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE PENSION PAY ORDER DTD.13.2.2006. P2. COPY OF THE CERTIFICATE FROM THE OFFICE OF THE 3RD RESPONDENT. P3. COPY OF THE PETITION DTD.24.3.07 TO R2. P4. COPY OF THE LETTER DTD.5.4.06 BY R2. P5. COPY OF THE LETTER DTD.18.6.07 BY R2. P6. COPY OF THE GOVT. ORDER DTD.6.12.03. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 26579 of 2007 ================== Dated this the 7th day of June, 2011 J U D G M E N T The petitioner retired from aided college service on 31.3.2006. Prior to entering the aided college service, the petitioner had service in the Central Government service as an Auditor in the office of the Accountant General as also State Government service as Junior Lecturer in Government colleges. The petitioner's grievance in this writ petition is that the period of service of the petitioner under the Central Government as Auditor should also be reckoned as qualifying service for the purpose of retirement benefits. The same has been denied to the petitioner. The petitioner submits that in between, the petitioner had a short stint as a Junior Lecturer in a Government college and in that post, service benefit has been given reckoning the Central Government service also. According to the petitioner, as per Ext.P6 Government order, Central Government employees, who come over to the State Government service, are entitled to have their Central Government service reckoned as qualifying service for the purpose of retirement benefits on certain conditions. According to the petitioner, the same should be extended to the petitioner also. 2. In the counter affidavit filed on behalf of the 1st respondent, it is stated that the Government orders relied on by the w.p.c.26579/07 2 petitioner are applicable only to persons in State Government service, who come over from the Central Government Service, which is not the case of the petitioner, who retired from service not as a Government servant, but as a Lecturer of an aided college. They have specifically stated in the counter affidavit as follows: “5. ...... Even though Part III KSR is applicable as per the 1st University statute in respect of pension, gratuity etc. as far as the private aided college teachers are concerned separate Government orders are needed in such cases. It is to be submitted that the petitioner was not a State Government employee not belong to Government service at the time of his retirement. In the above circumstances stated above the petitioner is devoid of merits and is liable to be dismissed.” The petitioner, therefore, submits that the petitioner may be permitted to approach the Government for appropriate orders for reckoning Central Government service also for the purpose of fixing qualifying service for pension in aided college service also. Accordingly, this writ petition is disposed of permitting the petitioner to approach the Government appropriately for the reliefs prayed for in this writ petition. If the petitioner approaches the Government, the Government may consider and pass orders on the same expeditiously. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge