IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 23380 of 2008(G) --------------------------------------- PETITIONER(S): ---------------------- --- 1. DR.SCARIA ZACHARI, PROFESSOR IN MALAYALAM (RETIRED), SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, RESIDING AT KARIKKAMPALLY, PERUNNA, CHENGANASSERY. 2. DR.S.RAMACHANDRAN NAIR, PROFESSOR IN HISTORY (RETIRED), SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,RESIDING AT ARAPPURA, MAITHRI LANE, MANNARAKONAM, VATTIYOORKAVU.P.O, THIRUVANANTHAPURAM. BY ADVS. MR.N.SUGATHAN SMT.VARSHA BHASKAR MR.S.PRASANTH (AYYAPPANKAVU) RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REPRESENTED BY ITS REGISTRAR, KALADY, ERNAKULAM-683 574. 4. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.T.B.RAMANI BY ADVS. MR.P.K.VIJAYAMOHANAN,SC,SANKARACHA.UTY FOR R3 BY MR.P.S.NISHIL,SC,SREE SANKARACHARYA UT FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23380/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 21.11.94 ISSUED BY 3RD RESPONDENT. P2:- COPY OF THE ORDER DT. 30.8.95 ISSUED BY 3RD RESPONDENT. P3:- COPY OF THE ORDER NO.AD. A2/1002/97/SSUS DT. 5.9.97. P4:- COPY OF THE ORDER NO.AD.B1/1002/97/SSUS DT. 5.9.97. P5:- COPY OF THE GO(RT) NO.518/99/H.EDN. DT. 17.5.99. P6:- COPY OF THE GO(RT) NO.350/2000/H.EDN. DT. 10.3.2000. P7:- COPY OF THE SERVICE VERIFICATION CERTIFICATE DT. 15.7.06 RELATING TO IST PETITIONER. P8:- COPY OF THE SERVICE VERIFICATION CERTIFICATE DT. 19.7.07 RELATING TO 2ND PETITIONER. P8(a):- COPY OF THE SERVICE VERIFICATION CERTIFICATE DT. 11.7.07 RELATING TO 2ND PETITIONER. P9:- COPY OF THE ORDER NO.AD.A//RMT/R/MA-1 DT. 17.11.97 OF R3. P10:- COPY OF THE ORDER NO.AD.A/RMT/R/HIS-A DT. 17.11.97 OF R3 P11:- COPY OF THE PROCEEDINGS DT. 17.12.01 ISSUED BY 3RD RESPONDENT. P12:- COPY OF THE PAYMENT VOUCHER DT. 8.1.07. P13:- COPY OF THE LETTER DT. 22.4.02 OF THE 2ND RESPONDENT. P14:- COPY OF THE ORDER DT. 10.7.02 OF 3RD RESPONDENT. P15:- COPY OF THE LETTER DT. 23.7.02 OF R3 TO 2ND RESPONDENT. P16:- COPY OF THE LETTER DT. 5.10.06 OF R3 TO THE 2ND RESPONDENT. P17:- COPY OF THE REPRESENTATION DT. 30.6.07 OF IST PETITIONER TO R2. P18:- COPY OF THE REPRESENTATION DT. 14.11.06 OF IST PETITIONER TO R1. P19:- COPY OF THE REPRESENTATION DT. 25.7.07 OF THE 2ND PETITIONER TO R2. P20:- COPY OF THE LETTER NO.37176/D1/07/H.EDN. DT. 9.4.08 OF THE GOVERNMENT TO THE 2ND RESPONDENT. W.P.(C) NO.23380/2008 P21:- COPY OF THE JUDGMENT DT. 19.6.02 IN OP. NO.402/02. P22:- COPY OF THE JUDGMENT DT. 26.6.03 IN OS. NO.970/03. P23:- COPY OF THE GO(RT) NO.723/04/H.EDN. DT. 31.5.04. P24:- COPY OF THE GO(P) NO.228/2001/FIN. DT. 2.2.01. P25:- COPY OF THE G.O.(P) NO.269/08/FIN. DT. 21.6.08. P26:- COPY OF THE G.O.(P) NO.420/08/FIN. DT. 18.9.08. TRUE COPY P.S. TO JUDGE TSS P.N.Ravindran, J. ================== W.P.(C) No.23380 of 2008 ===================== Dated this the 31st day of March, 2009. JUDGMENT Heard Sri. Prasanth S., the learned counsel appearing for the petitioners, Smt. T.B.Remani, the learned Government Pleader appearing for respondents 1, 2 and 4 and Sri. P.K.Vijayamohanan, the learned counsel appearing for the third respondent. 2. The petitioners retired from the service of the third respondent University on 31.5.2007 and 30.4.2008 respectively while they were working as Professors. The first petitioner commenced service in the year 1969 as Lecturer in SB College, Chenganassery, an aided private college affiliated to the Mahatma Gandhi University. He served as Lecturer in SB College, Chenganacherry during the period from 4.8.1969 to 31.3.1970 and thereafter from 15.6.1970 to 30.11.1994. While the petitioner was in service as Lecturer in SB College, Chenganacherry, the third respondent University invited applications for appointment to the post of Reader. The first petitioner applied was selected and appointed by Ext.P1 order dated 21.11.1994 as Reader in Malayalam in the third respondent University. He joined duty in the third respondent University on 1.12.1994. The second petitioner had served as Junior Lecturer/Lecturer in History in the colleges under N.S.S. management during the period from 1.1.1977 to 30.3.1977, 23.10.1978 to 31.7.1979 WP(C) 23380/08 -: 2 :- and from 8.8.1979 to 19.9.1995. While in service in the colleges under the N.S.S. management, the third respondent University invited applications for appointment to the post of Lecturer in History. The second petitioner applied, was selected and appointed by Ext.P2 order dated 30.8.1995 and he joined duty as Reader in History on 20.9.1995. 3. The selection and appointment of teachers in the third respondent University was challenged in this Court. A learned Single Judge of this Court interfered with the selection and the appointments of selected candidates including the petitioners were quashed. The aggrieved teachers and the University thereupon filed Writ Appeals. By judgment delivered on 18.7.1996 in Sree Sankaracharya University of Sanskrit v. State - 1996 (2) K.L.T. 378 the Division Bench of this Court confirmed the decision of the learned Single Judge. Thereupon the services of the petitioners were terminated and they were relieved from service on 30.9.1997. Though the Government had issued orders directing that the teachers who have been thrown out from service following the decision of this Court in Sree Sankaracharya University of Sanskrit v. State (supra) can rejoin their parent colleges, the petitioners did not rejoin duty in their parent colleges. In stead they participated in the selection process held after the judgment of this Court and were selected and appointed as Readers in Malayalam and Lecturer in History respectively on 17.11.1997. The Government thereafter issued Ext.P5 order dated 17.5.1999 and Ext.P6 order dated 10.3.2000 directing that WP(C) 23380/08 -: 3 :- the period of service rendered by the teachers of private aided colleges in the third respondent University till the date of their rejoining in the parent colleges will be treated as deputation and that such period of service will also be reckoned for all purposes including payment of pension. 4. After the petitioners were reappointed, they were promoted as Professors on 30.6.2000 and 19.9.2002 respectively. While thus in service, the first petitioner retired on 31.5.2007 and the second petitioner retired on 30.4.2008. After the petitioners were reappointed as Readers the University remitted with the Government the sum of Rs.68,760/- being the pension contribution payable by it to the first petitioner and the sum of Rs.60,524/- being the pension contribution payable by it in respect of the second petitioner for the period from 20.9.1995 to 30.9.1997. The Syndicate of the University also decided to reckon the previous service rendered by them in aided colleges for the purpose of pensionary benefits subject to the condition that pension contribution as per the rules is received from the parent department. The University thereafter requested the Director of Collegiate Education to remit the pension contribution payable in respect of the petitioners. That request was rejected by Ext.P20 letter dated 9.4.2008 stating that the claim is not admissible for the reason that there are no rules or orders which permit reckoning such private aided college service along with University service for pensionary benefits. Ext.P20 is under challenge WP(C) 23380/08 -: 4 :- in this Writ Petition wherein the petitioners seek a writ in the nature of mandamus commanding respondents 1 and 2 to remit with the third respondent University the pro rata pension contribution payable by them in respect of the petitioners for the service rendered by them as Lecturers in aided colleges. 5. By Ext.P26 order dated 18.9.2008 the Government have ordered that the service put in by employees of Municipal Common Service/ Universities in Government Departments/Aided Schools including Aided Colleges shall be reckoned as qualifying service for pension with effect from 2.2.2001 subject to remittance of pro rata pension liability by the former employer as ordered in Government order dated 25.4.2008. In Ext.P26, the Government have noticed that the words “vice versa” occurring in Ext.P24 Government order were not incorporated in Rule 20 of Part III of the Kerala Service Rules. In my opinion, in view of Ext.P24 and Ext.P26 Government orders, the petitioners are entitled to have the service rendered by them in S.B. College, Chenganacherry prior to their entry in service in the third respondent University reckoned for the purpose of grant of pension. On the terms of Exts.P24 and P26 Government orders, the Government are bound to make available to the third respondent University their share of pension contribution. In the instant case, the University has already remitted with the Government the share of contribution payable by the University in respect of the service rendered by the petitioners in the University before their appointments WP(C) 23380/08 -: 5 :- were quashed and their services were terminated. Therefore, burden on the Government is only in respect of the service rendered by the petitioners in private aided colleges till the first petitioner joined duty on 21.11.1994 and the second petitioner joined duty on 20.9.1995. Besides remitting the share of contribution payable in respect of the petitioners while they were in service in private aided colleges, the Government is also bound to refund to the University, the share of contribution deposited by the University with the Government. Nearly two years have passed after the first petitioner retired from service and nearly one year has passed after the second petitioner retired from service. In these circumstances, I am of the opinion that the Government should deposit with the University, the Government's share of pension contribution payable to the petitioners expeditiously. 6. I accordingly quash Ext.P20 and dispose of this Writ Petition with the following directions: (i) The third respondent University shall compute the pension contribution payable by the Government in respect of the service rendered by the petitioners in private aided colleges for the period upto 21.11.1994 in respect of the first petitioner and for the period upto 20.9.1995 in respect of the second petitioner and inform the Government of the share of contribution payable by it. This shall be done within two months from the date of receipt of a certified copy of this judgment. WP(C) 23380/08 -: 6 :- (ii) The Government shall within one month from the date of receipt of the intimation from the University deposit the said amount with the University along with Rs.68,760/- deposited by the University as their share of contribution in respect of the first petitioner and Rs.60,524/- deposited by the University as their share of contribution in respect of the second petitioner. (iii) The University shall on receipt of the said amount from the Government, sanction and disburse the pensionary benefits payable to the petitioners expeditiously and in any event, within two months thereafter. Needless to say, the Government shall also to pay to the University interest on their share of pension contribution and also on the sum of Rs.1,29,284/- (Rs.68760/- + Rs.60524/-) at the applicable rates. The Writ petition is disposed of as above. P.N.Ravindran, Judge. ess