IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WA.No. 257 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.38335/2003 Dated 30/03/2007 .................... APPELLANT: RESPONDENTS 1 TO 4 IN THE WP(C): -------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY(FINANCE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, NORTH ZONE, KOZHIKODE. BY GOVERNMENT PLEADER RESPONDENTS: PETITIONER & RESPONDENTS IN WP(C): -------------------------------------------------------------------------------------- 1. K.P.ABDUL KHADER, S/O KUNHIMAYAN, RETD. SENIOR GRADE LECTURER, RISHANA MAHAL, P.O. KANHILERY, VIA. MATTANNUR, KANNUR 670702. 2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY, THRISSUR. BY ADV. SRI.V.RAJAGOPAL – R1 BY SRI. RANJITH THAMPAN, SC – R2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.257 of 2008 ===================== Dated this the 11th day of June, 2008. JUDGMENT Koshy,J. The petitioner retired as a Selection Grade Lecturer on 30.4.1999. Before joining as lecturer, the petitioner was served as a Lower Division Clerk in the Pepper Research Station, Thaliparamba under the Kerala Agricultural University. The petitioner wanted his service to be counted for the purpose of retiral benefits and relied on Ext.P5. The operative part of Ext.P5 reads as follows: "When an employee of the State Government/State Autonomous Body, borne on pensionable establishment, is allowed to be absorbed in the Government of India/Autonomous Body the service rendered by him under the State Government/State Autonomous Body shall be allowed to be counted towards pension under the Government of India/Autonomous Body irrespective of whether the employee was temporary or WA 257/08 -: 2 :- permanent in the Government/Autonomous Body. The same procedure will be applied in the case of employees under Government of India/Autonomous Body who are permanently absorbed under the State Government/State Autonomous Bodies. The Government/Autonomous Body, will discharge its pension liability by paying in lumpsum, as a one time payment, the pro-rata pension/service gratuity, terminal gratuity and death-cum-retirement gratuity for the service upto the date of absorption in the Autonomous Body/Government as the case may be. Lump sum amount of the pro-rata pension will be determined with reference to the commutation table laid down in Kerala Service Rules, Part III." Several persons made representations. By Ext.P6 order dated 7.5.2003, the Government allowed the same benefit for the previous service in aided school service. By Ext.P7 it was extended to the persons who retired after the date of the order. The operative part of Ext.P7 order reads as follows: "Government have examined the matter in detail and are pleased to order that the service if any, put in by Government employees in the Municipal Common Service/Panchayaths and Universities prior to their entry in State Government service including WA 257/08 -: 3 :- Aided Schools service and vice versa can be reckoned for pensionary benefits and to incorporate a note under Rule 20 Part III KSRs to that effect as follows: "Note Notwithstanding anything contained in the above Rule the past service put in by Government employees/Teachers in panchayaths/Municipal Common Service/Universities, etc. prior to entry in State service and vice versa will be reckoned as qualifying service for pension & DCRG. The amount credited to creditable to a pension fund for the service rendered by the employee at market rate of interest (@ 10% at present) on compounding basis calculated for the period he worked with the former employer, has to be paid by the former employer in lump at the time of such appointment of the employee to the State service and vice versa. This will not be applicable to appointments to or from Public Sector Undertakings or similar bodies as they are constituted under Companies Act or by separate legislation of the Central/State Governments". The benefit of this order will be applicable to the retirements after the date of this order and the pension cases already settled or pending settlement on administrative reasons will not be considered on any account. The formal amendments to Part III WA 257/08 -: 4 :- KSRs will be issued separately." As can be seen from last paragraph of the order that the benefit of such order can be claimed only by persons who retired after the date of the order. Admittedly, the petitioner retired before the date of the order and therefore, the petitioner is not entitled to get the benefit of Ext.P7. Rule 20 of Part III of the Kerala Service Rules makes it clear. 2. In the above circumstances, the petitioner is not entitled to get the benefit of Ext.P7 and we agree with Ext.P6 order issued by the Government. Hence, we set aside the judgment of the learned single Judge and allowed this Writ Appeal. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 12/6