IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 8257 of 2004(G) ------------------------------------- PETITIONERS: --------------------- 1. M.K.JOHN, AGED 58, S/O.LATE K.KOSHY, LECTURER (SELECTION GRADE) (RETIRED), CHRISTIAN COLLEGE, CHENGANNUR, RESIDING AT MULLAVELIL HOUSE, ELANGAMANGALAM, ENATHU P.O- 691 526. 2. K.J.CHERIAN, AGED 59 YEARS, S/O.K.JOHN, LECTURER, SELECTION GRADE, RETIRED, ST.GREGORIOS COLLEGE, KOTTARAKKARA, RESIDING AT KALLELIL, FORT MAVELIKKARA. 3. P.THOMAS LUKOSE, AGED 54 YEARS, S/O.P.J.LUKOSE, LECTURER (SELECTION GRADE), ST.GREGORIOS COLLEGE, KOTTARAKKARA, RESIDING AT KRIPA, PARANKIMAMMOOTTILE, KIZHAKKETHERUVU P.O, KOTTARAKKARA, KOLLAM DISTRICT. 4. L.KOSHY, AGED 58 YEARS, S/O.LUKOSE, LECTURER (SELECTION GRADE) (RETIRED), ST.GREGORIOS COLLEGE, KOTTARAKKARA, RESIDING AT PALAMOOTTIL HOUSE, 45 KOWDIAR GARDENS, JAWAHAR NAGAR P.O. THIRUVANANTHAPURAM. 5. V.JOSEPH JOHN, AGED 58 YEARS, S/O.ULAHANNAN JOSEPH, LECTUERER (SELECTION GRADE) (RETIRED), ST.STEPHEN'S COLLEGE, PATHANAPURAM, RESIDING AT VETTIKATTU KUNNUMPURATH, KOOTHATTUKULAM P.O. ERNAKULAM DISTRICT. 6. T.BABUKUTTY, AGED 62 YEARS, S/O.THOMAS, LECTURER (SELECTION GRADE) (RTD.), ST.GREGORIUS COLLEGE, KOTTARAKKARA RESIDING AT NISHADEN, PUNALUR P.O. KOLLAM DISTRICT. 7. G.LEELAMMA, AGED 57 YEARS, D/O.P.O. GEEVARGHESE, LECTURER (SELECTION GRADE),(RETIRED), S.N.COLLEGE, PUNALUR, RESIDING AT NISHADEN, PUNALUR P.O. KOLLAM DISTRICT. W.P.(C). NO.8257/2004-G: 8. T.J.JOHNSON, AGED 56 YEARS, S/O.T.A.JOHN, PRINCIPAL (RETIRED), ST.GREGORIOUS COLLEGE, KOTTARAKKARA, RESIDING AT MANJUSHA, KALAYAPURAM P.O. KOLLAM DISTRICT. BY ADVS. SRI.V.M.KURIAN, SRI. A.V. THOMAS, SRI. K.T. THOMAS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE MANAGER, CHRISTIAN COLLEGE, CHENGANNUR. 4. THE MANAGER,ST.GREGORIUS COLLEGE, KOTTARAKKARA. 5. THE MANAGER, ST.STEPHENS COLLEGE, PATHANAPURAM. 6. THE MANAGER, SREE NARAYANA COLLEGE, PUNALUR. R1 & R2 BY GOVT. PLEADER SRI. ARAVIND KUMAR BABU, R3 TO R5 BY ADV. SRI.BABU VARGHESE, R6 BY ADV. SRI. A.N. RAJAN BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2009, ALONG WITH W.P.(C). NO. 17769/2003 AND CONNECTED CASES, THE COURT ON 19/05/2010 DELIVERED THE FOLLOWING: W.P.(C). NO.8257/2004-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 03/08/1976 ISSUED BY MANAGER, CHRISTIAN COLLEGE, CHENGANNOOR GRANTING LEAVE TO THE P.1. EXT.P.2: COPY OF THE ORDER DTD. 24/08/1981 OF THE MANAGER, ST. GREGORIOUS COLLEGE, KOTTARAKKARA GRANTING LEAVE WITHOUT ALLOWANCE TO P.2. EXT.P.3: COPY OF THE ORDER DTD. 21/12/1976 OF THE MANAGER, ST. GREGORIOS COLLEGE, KOTTARAKKARA GRANTING LEAVE WITHOUT ALLOWANCE TO P.3. EXT.P.4: COPY OF THE ORDER DTD. NIL OF THE MANAGER, ST. GREGORIOS COLLEGE, KOTTARAKKARA GRANTING LEAVE WITHOUT ALLOWANCE TO P.4. EXT.P.5: COPY OF THE ORDER DTD. 22/09/1981 OF MANAGER, ST. STEPHEN'S COLLEGE, PATHANAPURAM GRANTING LEAVE WITHOUT ALLOWANCE TO P.5. EXT.P.6: COPY OF THE ORDER DTD. 17/07/1981 OF THE MANAGER, ST. GREGORIOS COLLEGE, KOTTARAKKARA, GRANTING LEAVE WITHOUT ALLOWANCE TO P.6. EXT.P.7: COPY OF THE ORDER DTD. 05/08/1981 OF THE MANAGER, SREE NARAYANA TRUSTS, KOLLAM, GRANTING LEAVE WITHOUT ALLOWANCE TO P.7. EXT.P.8: COPY OF THE ORDER DTD. 30/01/1981 OF THE MANAGER, ST. GREGORIOS COLLEGE, KOTTARAKKARA GRANTING LEAVE WITHOUT ALLOWANCE TO P.8. EXT.P.9: COPY OF THE GOVERNMENT BY G.O.(P). NO. 79/90/H. EDN. DTD. 27TH MARCH, 1990 ISSUED BY THE R.1. EXT.P.10: COPY OF THE CIRCULAR DTD. 07/03/1991 ISSUED BY THE R.2. EXT.P.11: COPY OF THE G.O.(MS).NO.137/85/H. EDN. DTD. 14/06/1985 ISSUED BY R.1. EXT.P.12: COPY OF THE GOVERNMENT LETTER DTD. 06/05/1987. EXT.P.13: COPY OF THE JUDGMENT DTD. 20/06/95 IN O.P. NO. 7378/93 OF HIGH COURT OF KERALA. EXT.P.14: COPY OF THE ORDER DTD. 21/02/1990 IN CIVIL APPEAL NO. 1257/90 OF SUPREME COURT OF INDIA. EXT.P.15: COPY OF THE G.O.(P).NO.159/95 FIN. DTD. 20/02/1995 ISSUED BY THE FINANCE DEPARTMENT, GOVERNMENT OF KERALA. EXT.P.16: COPY OF THE GOVERNMENT LETTER NO. 9269/D2/82/H. EDN. DTD. 13/06/1983 ISSUED BY THE SPECIAL SECRETARY TO GOVT., HIGHER EDUCATION DEPT., EXT.P.17: COPY OF THE CIRCULAR DTD. 21/04/2003 ISSUED BY THE SENIOR ACCOUNTS OFFICER, OFFICE OF ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. W.P.(C). NO.8257/2004-G: EXT.P.18: COPY OF THE REPRESENTATION DTD. 04/04/2003 FILED BY P.1. BEFORE R.1. EXT.P.19: COPY OF THE REPRESENTATION DTD. 22/03/2003 FILED BY P.2. BEFORE R.1. EXT.P.20: COPY OF THE REPRESENTATION DTD. 31/03/2003 FILED BY P.3. BEFORE R.1. EXT.P.21: COPY OF THE REPRESENTATION DTD. 28/03/2003 FILED BY P.4. BEFORE R.1. EXT.P.22: COPY OF THE REPRESENTATION DTD. 24/04/2003 FILED BY P.5. BEFORE R.1. EXT.P.23: COPY OF THE REPRESENTATION FILED BY THE P.6 BEFORE THE R.1. EXT.P.24: COPY OF THE REPRESENTATION DTD. 25/03/2003 FILED BY P.7 BEFORE R.1. EXT.P.25: COPY OF THE REPRESENTATION DTD. 22/03/2003 FILED BY P.8 BEFORE R.1. EXT.P.26: COPY OF THE JUDGMENT DTD. 05/06/2003 IN W.P.(C).NO.17368/03 OF HIGH COURT OF KERALA. EXT.P.27: COPY OF THE G.O.(RT).NO.1395/97/H. EDN. DTD. 17/11/1997 ACCORDING SANCTION FOR TREATING THE PERIOD OF LEAVE WITHOUT ALLOWANCE FROM 27/08/1981 TO 03/07/1984 AS SERVICE. EXT.P.28: COPY OF THE G.O.(MS).NO.63/2000/H. EDN. DTD. 19/04/2000 ISSUED BY GOVERNMENT OF KERALA HIGHER EDUCATION DEPARTMENT. EXT.P.29: COPY OF THE ORDER DTD. 07/06/1990 ISSUED BY GOVT. OF KERALA HIGHER EDUCATION DEPT., EXT.P.30: COPY OF THE ORDER G.O.(MS).NO.50/2002/H. EDN. DTD. 15/06/2002 ISSUED BY THE R.1. EXT.P.31: COPY OF THE ORDER G.O.(RT).NO.1576/2003/H. EDN. DTD. 11/11/2003 PASSED BY THE DEPUTY SECRETARY, HIGHER EDUCATION DEPT., RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NOS.17769, 26983, 29822 37864, 38378, 38970, 39327 OF 2003 & 8257, 12615 OF 2004, -------------------------------------------- Dated this the 19th day of May, 2010 JUDGMENT The petitioners in all these Writ Petitions are Lecturers /Principals of private aided colleges coming under the direct payment system. These Writ Petitions pose similar questions viz., whether the Leave Without Allowances (for short 'LWA' only) granted to the petitioners by their respective managements, on diverse dates for different periods prior to 14.6.1985, can be reckoned for the purpose of pensionary benefits, and also for placement under the University Grant Commission scheme (for short 'UGC scheme' only). Therefore, they were jointly heard and are disposed by this common judgment. In this judgment, documents are being referred to in the order they are marked in W.P.(C) No.8257/2004 unless otherwise specifically mentioned. 2. While considering the first point ie., with respect to the entitlement of the period spent on LWA to be reckoned for the purpose of pensionary benefits, the relevant provisions which existed prior to W.P.(C) NO.17769/2003 & connected cases 2 14.6.1985 require reference. Granting of leave to the staff of such colleges including the teaching staff was governed by statute 25 Chapter II of the Kerala University (Conditions of Service of Teachers and Members of Non-teaching staff) First Statutes 1979. The relevant provision reads thus: Grant of leave; 1. The principal shall be the authority to grant casual leave. 2. Other kinds of leave shall be granted by the education agency on the recommendation of principal. 3. The leave sanctioned by the educational agency shall be promptly entered in the service book of the teacher concerned as and when sanctioned. The manager shall attest the entries made in the service book. Failure on his part to do so shall entail disciplinary action. It shall be competent for the Zonal Deputy Director of Collegiate Education concerned to verify correctness of the entries made in the service book in respect of private colleges coming under the direct payment scheme. 3. A perusal of the aforesaid provision with respect to granting of leave would reveal that the private college management was competent to grant LWA to persons like the petitioners who W.P.(C) NO.17769/2003 & connected cases 3 belong to the teaching staff category. Obviously, the aforesaid provision contained no rider or restriction and above all, conspicuously, it enjoined no condition that prior to the granting of LWA the concurrence from the Government is to be obtained. In short, under the said provision then existed, the private college management was competent to grant leave with or without any condition and the entitlement of the concerned person for getting reckoned the said period spent on LWA was entirely dependent upon the condition incorporated by the private college management while granting LWA. Admittedly, in these cases except in W.P.(C). No.29822/2003, the petitioners were granted LWA by their concerned managements without any such conditions with respect to the reckoning of the period as qualifying service for the purpose of pension. Details regarding the sanctioning of leave in respect of the petitioners in W.P.(C).No.29822/2003 have to be incorporated. In W.P.(C).No.29822/2003, while working as Lecturer, the first petitioner was granted LWA as per Ext.P1 for 5 years from 1.6.1977. Later, as per Ext.P2 dated 20.4.1982, it was extended for a period of 2 years from 1.6.1982 and thereafter, for a further period of 3 years W.P.(C) NO.17769/2003 & connected cases 4 from 1.6.1984 as per Ext.P3. In the case of the second petitioner therein, he was granted LWA for 5 years from 1.6.1977 as per Ext.P4 and it was extended for a further period of 5 years from 1.6.1982 as per Ext.P5 dated 1.6.1982. Exts.P1 and P4 would reveal that they were initially granted LWA for 5 years without imposing any condition disentitling them from reckoning the said period towards qualifying service for pension. However, Exts.P2, P3 and P5 would reveal that extension of LWA was granted to them prior to 14.6.1985, with the specific condition that the leave period would not be counted for increment, pension or any other service benefits. Admittedly, for the first time as regard the private aided college teachers, restrictions were imposed in the matter of granting of LWA, as per G.O.(MS) 137/85/Higher Edn. Dated 14.6.1985. As per the said G.O which is produced in W.P.(C).No.8257/2004 as Ext.P11, LWA granted shall not be reckoned for any service benefits. The relevant portion of the said G.O carrying the aforesaid restriction reads thus: Govt.have reviewed the matter in the light of the orders issued in the G.O. Read above and they are pleased to order that the private college staff in the colleges that have opted for the direct payment scheme will also be granted leave without allowances for the purpose of taking up W.P.(C) NO.17769/2003 & connected cases 5 employment abroad or within the country on the following terms and conditions:- i) Leave without Allowances under this scheme can also be sanctioned by the Educational Agency, but prior concurrence of Govt. should be obtained before granting such leave. ii) Permanent officers and officers who have completed probation in their entry cadre in the regular service of the college will be granted leave without allowance for taking up employment outside the country as well as inside. In such cases, during the currency of the leave period, the officers shall loss all service benefits including commutation leave benefits, half pay leave benefits, etc., and also promotion chances as may arise with reference to their seniority in the posts from which they left on foreign service. They shall lose seniority also in the grade with reference to those who might get promoted before they rejoin duty. Iii) In the case of non-permanent employees in regular service who have not completed probation in the entry grade, leave without allowances may be granted subject to the condition that they will have to start afresh and complete their probation on return from leave service benefits that have accrued to them prior to their proceeding on leave and they will be deemed as new entrants to service on return from leave. What is protected is only their right to rejoin service in the same grade as if they were now entrants. 4. Ext.P12 Govt.Letter No.12259/D2/87.H.Edn.dt. 6.5.1987 is a clarification. It is clarified therein that the LWA granted by the management of private colleges coming under the direct payment W.P.(C) NO.17769/2003 & connected cases 6 scheme to their staff prior to the issuance of Ext.P11 G.O. Dated 14.6.1985 can be reckoned as qualifying service for the purpose of pension, unless otherwise specified in the orders sanctioning leave. As already noticed hereinbefore, except in the case of the petitioners in W.P.C.No.29822/2003, all the petitioners were granted LWA by their respective managements prior to Exts.P11 and P12 G.Orders without putting any restriction disentitling them from getting reckoned the periods spent on LWA for the purpose of pension. In the context of the contentions, Ext.P15 G.O.(P)159/95/Fin. Dated 20.2.1995 issued by the Finance Department, Government of Kerala assumes relevance. As per Ext.P15 G.O, those who availed LWA to take up employment abroad or within the country before the commencement of appendix XII A of the Kerala Service Rules should not be denied their promotions. 5. In the light of the above extracted provisions under the First Statute and also the Government orders governing the subject of granting of LWA to the staff of private aided college management coming under the direct payment scheme, evidently there is no W.P.(C) NO.17769/2003 & connected cases 7 provision which would deny persons like the petitioners their entitlement to get reckoned the periods spent on LWA for the purpose of pensionary benefits. It is the specific contention of the petitioners that the entitlement of persons like the petitioners were considered by this court earlier, at the instance of certain similarly situated persons. In O.P.No.7378/1993, this Court considered whether LWA granted to the staff of private aided college management falling under the direct payment system prior to 14.6.1985 without any conditions could be reckoned for the purpose of pensionary benefits. After elaborately considering all the relevant provisions and aspects, this Court found that such persons are governed by the rules and orders in force at the relevant point of time when they were granted LWA. Consequently, it was found that in the light of Exts. P11 and P12 Government orders, the petitioners therein could not be denied the benefit of reckoning the periods spent on LWA for the purpose of pensionary benefits. Ext.P13 is the judgment in O.P.No.7378/1993. Admittedly, the said judgment was affirmed by a division bench of this Court in W.A.No.1311 of 1995. Following Ext.P13 judgment, the claim of certain persons for reckoning the period of LWA granted prior to W.P.(C) NO.17769/2003 & connected cases 8 14.6.1985 was allowed by this Court in O.P.NO.16143/1998 by Ext.P11 judgment produced in W.P.(C).No.37864/2003. Thus the scope of statute 25 Chapter II of Kerala University (Conditions of Service of Teachers) First statue, 1979 and the impact of Exts.P11 and P12 G.Orders on the aforesaid relevant provision governing the subject of granting of leave were elaborately considered by this Court in Ext.P13 judgment and a division bench of this Court in W.A.No.1311/1995 affirmed the said Ext.P13 judgment. A perusal of the orders impugned by the petitioners herein would reveal that despite the settled position, they were denied the benefit of reckoning the period of LWA granted to them without imposing any condition, prior to 14.6.1985, solely on citing a reason that the aforesaid judgments would be applicable only to the petitioners therein and since, the petitioners were not parties to the said Writ Petitions, they would not be applicable to the petitioners. In short, it was denied to them solely on the ground that they were not parties to Exts.P11 and P13 judgments referred above. However, a scanning of the decisions in Exts.P11 and P13 judgments referred above, would reveal that the respondents cannot support and sustain the orders declining extension W.P.(C) NO.17769/2003 & connected cases 9 of the benefits of judgments in Exts.P11 and P13 to the petitioners in these cases as they are squarely applicable to the cases of the petitioners as well. 6. The said judgments would reveal that after referring to the relevant provisions governing the subject of granting of LWA during the relevant point of time, the impact of Exts.P11 and P12 Government orders and the question whether they would take away the accrued rights by virtue of the then existing provisions, were considered by this Court. It was after such consideration, it was held that by virtue of the Government order dated 14.6.1985 LWA granted to the staff of private college managements coming under the direct payment scheme are to be determined not in the light of the said government order dated 14.6.1985 whilst it should be determined by taking into account the condition imposed while granting LWA by the respective managements. Application of such a judgment laying down such a dictum cannot be restricted to the petitioners in the said Writ Petitions only, and there is absolutely no reason or justification at all for denying their benefits to the petitioners who are exactly W.P.(C) NO.17769/2003 & connected cases 10 similarly situated to those petitioners in the said Writ Petitions. In these cases, as noticed hereinbefore, except the petitioner in W.P.(C). No.29822/2003, all the other petitioners were granted LWA by their respective managements without putting any rider or restriction disentitling them from reckoning the period spent on LWA for the purpose of pension. In that view of the matter, orders challenged in these Writ Petitions denying reckoning of period of LWA for the purpose of computing the pensionary benefits are liable to be set aside. In the case of the petitioners in W.P.(C).No. 29822/2003, admittedly, though LWA was initially granted for 5 years by the concerned management without any condition, it was extended as per Exts.P2, P3 and P5 only with the specific condition that it would not be reckoned for increment, pension or any such service benefits. Therefore, the petitioners in W.P.(C).No.29822/2003 cannot rely on Exts.P11 and P13 judgments for contending that they are also entitled to get reckoned the entire period spent on LWA for the purpose of pension. Therefore, their entitlement has to be restricted to the period of LWA granted initially as per Exts.P1 and P4 respectively, for 5 years. W.P.(C) NO.17769/2003 & connected cases 11 7. The next point to be considered is whether the very same period spent by the petitioners on LWA reckoned for the purpose of pensionary benefits could be reckoned for the purpose of their placement under the UGC scheme. 8. The UGC scheme was introduced for teachers in the colleges including private colleges in the State of Kerala with effect from 1.1.1986 as per G.O.(MS).No.66/90/G.Edn. Dated 13.3.1990. Detailed procedures for its implementation were framed as per Ext.P9 G.O.(P).No.79/90/H.Edn dated 27.3.1990. It is evident from Ext.P9 that Government of India have decided to implement the scheme including revision of scale of pay with effect from 1.1.1986 and have also offered financial assistance to the State Governments for adopting the revised scheme under the specific terms and conditions. Obviously, as per Ext.P9, Government of Kerala have also decided to implement the scheme. Going by Ext.P9, lecturers under private colleges are entitled to get placement as senior scale lecturer on completion of 8 years of service after regular appointments. It would W.P.(C) NO.17769/2003 & connected cases 12 further show that on completion of total service of 16 years, such lecturers would be entitled to get placement as selection grade lecturers. In the case of Senior Scale Lecturers, the scale of pay applicable as per Ext.P9 was Rs.3000-5000 and in the case of Selection Grade Lecturers the applicable scale of pay was Rs.3700- 5700. The contention of the petitioners is that they are entitled to placements as senior scale lecturers and selection grade lecturers by reckoning the period spent on LWA granted to them by the respective managements prior to 14.6.1985 and reckonable for the purpose of counting the qualifying service in the matter of pensionary benefits. According to them, since there were no inhibition for reckoning the said period for the purpose of pensionary benefits, there cannot be any impediment at all for reckoning the same period for the purpose of placement under the UGC scheme. In the context of the contentions, it is relevant to note that in Ext.P9 G.O and subsequent government orders 8 years/16 years of service alone was prescribed for earning eligibility and entitlement to get placement under the UGC scheme. The respondents could not bring to my notice any provision under the scheme which prescribes any condition qualifying W.P.(C) NO.17769/2003 & connected cases 13 specified periods of service to earn eligibility for such placements. The aforesaid period of LWA was sanctioned when the relevant provisions did not contain anything to restrict the reckoning of such periods spent on LWA for the purpose of pension. For the first time, restrictions on such entitlement was imposed as per G.O.dated 14.6.1985. It was in the said circumstances that this Court held that the rights accrued based on the then existing provisions of law could not be taken away by the provisions in the G.O.dated 14.6.1985. However, in the case of the UGC scheme, evidently, it was introduced only as per G.O. dated 13.3.1990 and the procedures for its implementation were framed only as per Ext.P9 G.O.dated 27.3.1990. In the said circumstances, the petitioners cannot import the contention that accrued right cannot be taken away by Government orders to earn eligibility and entitlement to get reckoned the same period for placement under the UGC scheme. Therefore, the question is whether there is anything in the relevant government orders providing for placements under the UGC scheme restricting reckoning of periods spent on LWA granted to lecturers prior to 14.6.1985 or prior to its introduction, for the purpose of getting placements under the scheme. W.P.(C) NO.17769/2003 & connected cases 14 As already noticed, the prescription for earning eligibility for placement under the UGC scheme for Senior Selection Lecturers grade is 8 years of service. For getting placement as Selection Grade Lecturer, the prescribed period is 16 years of service. Though reckoning of a period of employment under a foreign employer for the purpose of placement appears to be unacceptable and unreasonable, the question is whether there is any specific restriction under the relevant provisions for reckoning the said period especially when the very same period was held as reckonable for the purpose of pensionary benefits. In this context, it is relevant to note that the condition prescribed is not 8/16 years of experience whilst it is 8/16 years of service. When the prescribed eligibility is only completion of a specified period of service in the absence of any specific provision disentitling to reckon such period, it cannot be excluded especially when it was reckoned for the purpose of granting pensionary benefits. In the context of the contentions, Ext.P14 order dated 21.2.1990 in Civil Appeal No.1257/1990 of the Hon'ble apex court, assumes relevance. Whether LWA granted to a person would make him 'cease to be in service' was considered by the Hon'ble apex W.P.(C) NO.17769/2003 & connected cases 15 court. According to the said decision of the Hon'ble apex court, the question has to be examined in the light of the relevant expression used in the relevant provision. Going by the aforesaid decision in the matter of extension of a particular benefit, when a specific period of service alone is prescribed as eligibility it cannot be taken that the said prescription is actual experience. There cannot be any doubt that in service jurisprudence the expressions 'period of service' and 'period of experience' have different connotation. Viewing the question posed for consideration in these cases, in the context of the prescription of eligibility for placement under the UGC scheme, it cannot be seen that the prescriptions for getting placements as Senior Scale Lecturer and Selection Grade Lecturer are respectively 8 and 16 years of service and such other conditions specifically given under Ext.P9. Therefore, a scanning of the relevant provisions under the UGC scheme would reveal that there is nothing under the scheme which would disentitle the period spent by the petitioners which is legally reckonable for the purpose of computing pensinary benefits. In short, I am of the view that the contentions of the petitioners that the period spent on LWA by the petitioners based on orders of W.P.(C) NO.17769/2003 & connected cases 16 respective managements and held as legally reckonable for the purpose of pensionary benefits as qualifying service is liable to be reckoned for the purpose of placement under the scheme cannot be said to be unsustainable. I am fortified in my view by the decisions of this Court in Exts. P11 and P13 judgments referred above. In the light of the discussions above, the respondents are directed to re- consider the claim of the petitioners for reckoning the period of LWA granted to them by their respective managements prior to 14.6.1985 for the purpose of pensionary benefits as also for the purpose of