IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 14877 of 2009(D) -------------------------- PETITIONER(S): --------------- 1. PROF.C.V.SIMON, CHALISSERY HOUSE, MANGALAM GARDENS, KIZHAKKUMPATTUKARA, THRISSUR EAST, 680 005, S/O.LATE C.D.VARIED, AGED 60 YEARS. 2. PROF. R.KRISHNASWAMY, KOZHIKATTU MADHOM, CHEROOR P.O., THRISSUR 680008. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, ST.THOMAS COLLEGE, THRISSUR. 4. THE PRINCIPAL SECRETARY TO GOVT., FINANCE (PWD-A) DEPARTMENT, TRIVANDRUM. GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 14877/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.15.5.03. P2. COPY OF THE ORDER DTD.6.12.03. P3. COPY OF THE REPRESENTATION DTD.22.12.04. P4. COPY OF THE COMMUNICATION DTD.9.2.05. P5. COPY OF THE ORDER DTD.16.11.02 BY THE UNIVERSITY. P6. COPY OF THE REPRESENTATION DTD.20.12.06 BY R2. P7. COPY OF THE COMMUNICATION DTD.5.1.2009. P8. COPY OF THE JUDGMENT DTD.12.3.07 IN W.P.(C).No. 37176/03. P9. COPY OF THE COMMUNICATION DTD.4.5.09 BY R4. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 14877 of 2009 ================== Dated this the 11th day of March, 2010 J U D G M E N T The petitioners retired from the service of the St.Thomas College, an aided college, as Lecturers, on 31.3.2004. Prior to joining the aided college service of the Government of Kerala, the 1st petitioner had worked as Research Assistant and Scientist in the Central Institute of Cotton Technology at Mumbai between 5.2.1975 and 4.10.1978, and the 2nd petitioner had worked as a Scientific Assistant in the B.A.R.C., Mumbai for a period of four years and ten months. Those institutions are owned by the Central Government. The petitioners were given promotion and higher grade counting the said prior service also. But for the purpose of pension, they have been denied that benefit. It is under the above circumstances, the petitioners have filed this writ petition seeking the following reliefs: “i) To call for the records leading upto Exhibit P4, P7 and P9 and quash the same by issuance of a Writ of Certiorari or any other appropriate writ, order or direction; ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to re-fix the pension payable to the Petitioners taking into account their entire length of service including the services rendered by them outside the State of Kerala which were counted by the University and disburse pension to them accordingly, based on the last pay drawn by them at the time of superannuation.” 2. The petitioners rely on a judgment of the learned Single Judge of this Court in W.P.(C).No.24546/2004, wherein the learned 2 Judge relied on another learned Judge's decision of this Court in W.P.(C).No.2328/2008 to grant relief to similarly placed petitioners. The learned Government Pleader points out that the decision in W.P. (C).No.2328/2008 was taken in appeal before the Division Bench and the Division Bench in W.A.No.2445/2009 has reversed the decision of the learned Single Judge in W.P.(C).No.2328/2008 holding that the aided school teachers are not entitled to get their retirement benefits computed taking into account the prior Central Government service. In view of the same, the petitioners are not entitled to the reliefs prayed for. Therefore, following that judgment, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge