IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 28951 of 2006(V) ----------------------------------------- PETITIONER(S): ------------------------- DR.RAMACHANRAN V.M., PROFESSOR AND HEAD OF DEPARTMENT, SCHOOL OF DRAMA AND FINE ARTS, THRISSUR. BY ADV. SRI.SIVAN MADATHIL RESPONDENT(S): --------------------------- 1. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR THENHIPALAM, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO HIGHER EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM. *ADDL.R4 TO R6 ARE IMPLEADED: R4. PRINCIPAL, ZAMORINS GURUVAYOORAPPAN COLLEGE, POKKUNNU, CALICUT. R5. PAYYANNOOR COLLEGE, PAYYANNOOR, KANNUR DISTRICT. R6. THE KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KANNUR DISTRICT. (*ADDL.R4 TO R6 ARE IMPLEADED AS PER ORDER DTD. 18/01/2007 IN I.A.NO.15800/2006) GOVERNMENT PLEADER SMT. T.B.REMANI FOR R2 & R3 ADV. SRI. P.C.SASIDHARAN, SC, UNIVERSITY OF CALICUT FOR R1 ADV. SRI.M.P.SREEKRISHNAN FOR ADDL.R4 SMT.SHAHNA KARTHIKEYAN FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2008 ALONG WITH WPC NO. 5804 OF 2006 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.28951/2006 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.GAII/C3/11443/86 DTD. 23/12/1988. EXT.P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE REGISTRAR DTD. 7/02/2006. EXT.P3: COPY OF THE REMINDER LETTER DTD. 26/06/2006 BY THE UNIVERSITY. EXT.P4: COPY OF THE GOVERNMENT ORDER G.O.(P) 193/2004/FIN. DTD. 20/04/2004. EXT.P5: COPY OF THE JUDGMENT DTD. 27/08/03 IN WP(C) NO.14135/03. RESPONDENT'S EXHIBIT: EXT.R3(A): COPY OF G.O.(P) NO.228/01/FIN. DTD. 2/2/2001. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ============== W.P.(C) NOS. 28951, 15860, 15804, 18604/06 & 29022 OF 2007 ============================== Dated this the 24th day of November, 2008 J U D G M E N T In all these writ petitions, the petitioners are retired employees of the Calicut University, who are claiming addition of their previous service for reckoning their pensionary benefits. 2. Since the issues are identical, all these cases are disposed of by this common judgment. For the sake of convenience, I shall be referring to the facts as pleaded in WP(C) NO.28951/06. 3. Petitioner submits that he had worked as a Lecturer in the Payyannoor College during the period 19/8/77 to 5/10/77 and in the Zamorins Guruvayoorppan College for the period from 6/11/77 to 15/11/1988. While so, he got appointed in the University of Calicut and on 16/11/1988 joined as Assistant Director, School of Drama. He is referring to Ext.P1, the order issued by the Registrar, according sanction to his appointment w.e.f. 16/11/88. It is stated that he continued under the University till 31/3/2007 when he attained the age of superannuation. Petitioner submits that he submitted Ext.P2 representation to the University for reckoning his previous service in the two colleges referred to WPC 28951, 15860, 15804, 18604/06 & 29022 OF 2007 :2 : above. It is stated that on his representation, the University called for details of his service from the colleges, but however, the previous service was not added to his University service. 4. Petitioner is referring to Ext.P5, a judgment rendered by this Court in OP 14135/01, where benefit similar to what is claimed in this writ petition was directed to be granted. He also referred me to the proceedings of the Director of Collegiate Education dated 24/6/2004, issued based on the Government letter dated 29/5/2004, produced as Ext.P10 in WP(C) No.15860/06 according sanction for the remittance of the pension contribution and interest for the period of service rendered by the petitioner in Ext.P5 judgment in an aided college. Counsel therefore submits that his claim is similar to what has been granted by Exts.P5 and P10 referred to above and therefore, there is no justification for declining his prayer. 5. Learned Government Pleader on the other hand submits that the basic order, a benefit of which was directed to be granted by this Court in Ext.P5 is GO(P) No.228/01/Fin dated 2nd February, 2001. According to the learned Government Pleader, this order does not provide for the addition of service in private colleges along with University service for granting pensionary benefits. WPC 28951, 15860, 15804, 18604/06 & 29022 OF 2007 :3 : 6. Yet another contention that is raised is that the aforesaid order is only prospective and therefore, the case of those who have retired prior to 2/2/2001 cannot be reopened even going by the Government order referred to above. 7. As already noticed, in this case, prior service of the petitioner, spanning a total period of 11 years and 87 days, was rendered by him in Payyannoor College and also Zamorins Guruvayoorappan College, both affiliated to the Calicut University. It is thereafter that the petitioner joined the Calicut University as Assistant Director, School of Drama, from which post, on attaining the age of superannuation, he retired on 31/3/2007. Therefore, evidently his retirement was subsequent to the Government order dated 2/2/2001, referred to above. 8. Now the only question is whether the petitioner is eligible to have his service in the aforesaid colleges added to the University service, that was rendered by him. As already noticed, Ext.P5 is the judgment that is relied on by the petitioner. In that case, the previous service of the petitioner therein was in Iqbal College, Peringamala and TKM College, Kollam, which are both private aided colleges. The counsel also made reference to the judgment in OP 402/2002, where this Court had directed addition of service rendered by the petitioner therein in the Collegiate WPC 28951, 15860, 15804, 18604/06 & 29022 OF 2007 :4 : Education Service. In the judgment in OP No. 970/03, it is noticed that the petitioner therein, prior to his retirement from the Calicut University had rendered service as a Lecturer in Sacred Heart College, Thevara and this Court had held that if the service rendered by the petitioner in the private college is a pensionable service, there is no justification for not paying pro-rata pensionary benefit for the said period by the Government. Therefore, in all the aforesaid judgments, this Court has been consistently taking the view that those who have retired subsequent to 2/2/2001 are entitled to have their private college service added to their University service and that the Government is liable to discharge their pro-rate contribution for such services. 9. In addition to this, the learned counsel for the petitioner has made available before me the GO(P) No.420/08/Fin dt 18/9/08, the operative portion of which reads as under. In the circumstances, Government are pleased to order that the prior 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-rat pension liability by the former employer as ordered in Government order read third above. The Universities/Municipal Common Service concerned shall issue necessary amendments to their respective statutes/rules to incorporate the above provision. WPC 28951, 15860, 15804, 18604/06 & 29022 OF 2007 :5 : 10. This Government order, fortifies the case canvassed by the counsel for the petitioner. In view of all these reasons, I see no justification for entertaining the plea now raised by the learned Government Pleader that private college service is not mentioned in the Government order dated 2/2/2001, that therefore, the petitioner herein is not eligible to have his previous service reckoned for calculating pension. If that be so, necessarily the matter needs to be re-examined by the 3rd respondent. 11. Therefore, the 3rd respondent is directed to reconsider the claim of the petitioner for addition of the service rendered by him in the Payyannoor College and Zamorins Guruvayoorappan College to the service he has rendered under the Calicut Service for calculating his pensionary benefits. It is directed that thereupon, the respondents shall remit pro-rata contribution relating to the petitioner's pensionable service in the private colleges, within 3 months, and on receipt thereof, the 1st respondent University shall sanction and disburse pensionary benefits on that basis without further delay. 12. WP(C) No.28951/06 will stand disposed of as above. 13. In so far as WP(C) No.15804/06 is concerned, the petitioner submits that he was appointed in the Calicut University as Lecturer in WPC 28951, 15860, 15804, 18604/06 & 29022 OF 2007 :6 : Arabic w.e.f. 11/10/85 and retired on 30/4/2004. According to him, prior to his appointment in the Calicut University, he was working as an Arabic teacher under the Aided Mapila LP School, Velimukku w.e.f. 1/6/66 and as Part time Arabic Teacher in the Government High School, Katippur w.e.f. 7/6/68 and that he became a full time Arabic Teacher from 8/10/1968. According to him, thereafter, he has joined as Lecturer in Farook College w.e.f. 27/7/78 and while so, he joined the University as Lecturer w.e.f. 4/10/85. In this case also, he claimed that his service for the period from 1/6/66 to 11/10/85 should be reckoned along with his service under the University, but however, the same has been turned down and that led the petitioner to file this writ petition. 14. In my view, the claim raised by the petitioner is similar to the claim raised by the petitioner in WP(C) NO.28951/06. The claim of this petitioner also needs to be re-examined by the Director of Collegiate Education and therefore, I direct that the claim of the petitioner herein shall be reconsidered in the manner as the petitioner in WP(C) NO.28951/06 and pro-rata contribution for the pensionable previous service shall be paid in the same manner. 15. In so far as the petitioner in WP(C) NO.18604/06 is concerned, after rendering the service as a Lecturer in Sri.Krishna College, WPC 28951, 15860, 15804, 18604/06 & 29022 OF 2007 :7 : Guruvayoor for the period from 1/9/72 to 24/10/84, petitioner joined the Calicut University as Professor in the Department of Sanskrit. After rendering the service in that post, on attaining the age of superannuation, petitioner retired from service on 31/3/2003. In this case, his claim was rejected by Ext.P4 on the ground that aided college is not mentioned in the Government order dated 2/1/2002. 16. For the reason stated in the judgment in WP(C) No.28951/06, and in the light of the previous judgments referred to therein, Ext.P4 is clearly unsustainable. Therefore, I quash Ext.P4 and direct that the matter shall be reconsidered in the manner as already directed in the same manner. 17. In so far as WP(C) No.15860/06 is concerned, admittedly the petitioner was appointed on 29/11/72 and retired as an Epigraphist on 31/1/96. It is stated that prior thereto, he had rendered service in the Government schools and he wants to have that service added to his University service. In my view, this benefit is possible only if the provisions of the Government order dated 2/2/2001 are attracted to the case of the petitioner. Admittedly, the Government order is prospective in operation and since the petitioner's retirement is prior to the Government order, the claim of the petitioner for addition to his previous service, the WPC 28951, 15860, 15804, 18604/06 & 29022 OF 2007 :8 : service rendered by him under the University is impermissible. For that reason, the claim of the petitioner in WP(C)No.15860/06 deserves to be rejected and I do so. 18. In so far as WP(C) NO.29022/07 is concerned, the petitioner submits that for the period from 6/6/66 to 24/6/87, he has worked under the different colleges of NSS Management. Thereafter, he joined the Calicut University as Dean, Students Welfare w.e.f. 25/6/87. Though the petitioner claimed entitlement to continue in service till 31/3/2002, he was unsuccessful in the litigations and was superannuated from service w.e.f. 30/9/96. Petitioner submits that his claim for continuance till 31/3/2002 is still pending consideration of the Apex Court. Be that as it may, he retired from the Calicut University on 30/09/1996 and in this writ petition, what he claims is that he is entitled to have the previous service for the period from 6/6/66 to 24/6/87 added to his service rendered under the University and on that basis, he is entitled to have his pension reworked. It is seen that the same has been rejected by the University as also by the Government. 19. Counsel for the petitioner refers me to Chapter 2 and 3 of the University Statutes and in particular Clause 5 of Chapter 2 read with Rules 4 to 8 of Chapter III, KSR and contended that his previous service is liable WPC 28951, 15860, 15804, 18604/06 & 29022 OF 2007 :9 : to be reckoned while his pensionary benefits are settled. In my view, unless there is a specific Government order providing for addition of the previous services rendered by the petitioner outside the University, it is impermissible to have that period reckoned. This is provided only in the Government order dated 2/2/2001, which is prospective and as the petitioner has retired from service way back on 30/9/96, petitioner is not entitled to claim the benefit of that Government order. 20. Counsel for the petitioner submits that he having rendered more than 20 years of service under the NSS management, he is entitled to pension for that service. Obviously, if the petitioner has such a claim, it is for the petitioner to pursue the same before the appropriate authorities. Whatever it is, the only claim that has been dealt with in Ext.P8, the impugned order, is his claim for addition of the previous service with the University service. Therefore, if at all the petitioner has a case that he is entitled to pension for the service rendered by him prior to his joining the Calicut University, I leave it open to the petitioner to pursue the same and this judgment will not stand in his way. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp