IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 1ST DAY OF DECEMBER 2011/10TH AGRAHAYANA 1933 WA.No. 2579 of 2009 ( ) ======================= (AGAINST JUDGMENT IN W.P.(C) 11552/2009) APPELLANTS/RESPONDENTS ======================== 1 STATE OF KERALA REP. BY ITS PRINCIPAL SECRETARY DEPARTMNT OF HIGHER EDUCATION GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2 THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN P.M.G.JUNCTION THIRUVANANTHAPURAM. 3 ACCOUNTANT GENERAL OF KERALA, THIRUVANANTHAPURAM. BY G.P. SMT.C.K.SHERIN RESPONDENTS/PETITIONERS: ========================= 1 N.ARAVINDAKSHAN, SELECTION GRADE LECTURER(RETD.) SREE NILAYAM 265, KAVANAD NAGAR KAVANAD.P.O. KOLLAM. 2 V.N.OMANA, SELECTION GRADE LECTURER(RETD KUNJU KRISHNA GNRA 30 M.G.ROAD ATTINGAL. BY ADV. SRI.BABU VARGHESE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, & K.VINOD CHANDRAN, JJ. .................................................................... Writ Appeal No.2579 of 2009 .................................................................... Dated this the 1st day of December, 2011. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge directing the appellants to reckon the service rendered by respondents outside State as Lecturers for the purpose of granting pension. The learned Single Judge allowed the claim of respondents based on a Single Bench judgment of this court in W.P.(C) No.37176/2003 dated 12.3.2007 issued in the case of one Smt.O.Indira Devi Amma. Counsel for the respondents produced G.O.(Rt)No.1449/2007/H.Edn. dated 28.7.2007 wherein Government has accepted the judgment and issued Government Order sanctioning pension to the applicant in that case by reckoning her service outside Kerala. While counsel for the respondents relies on the High Court judgment and the Government Order issued thereafter, the Government Pleader has referred to Pension rules under KSR which do not provide for reckoning outside service of Lecturers for counting pension payable in Kerala. W.A. 2579/2009 2 2. Even though entitlement of pension reckoning outside service should be based on service Rules, it is seen that State Government has accepted the Single Bench judgment in an exactly similar case in the case of another Lecturer and issued the above Government Order sanctioning pension by reckoning her service as Lecturer outside Kerala. All the respondents have served for several years as Lecturers in private colleges, in Universities outside the State and they have been granted promotions and other service benefits reckoning their outside State service. However, when they retired and became eligible for pension, they were granted pension without reckoning outside service for the reason that the Rules do not provide for it. Even though in the absence of Rules respondents may not be entitled to benefit, we see no reason why the Government which sanctioned pension to another person based on a Single Bench judgment should challenge the claim of respondents. These are certainly policy matters and, therefore, Government's decision cannot be taken as a solitary instance in the case of one single person. When Government accepts a Single Bench judgment granting benefit to one person by issuing Government Order, W.A. 2579/2009 3 we see no reason why the benefit should not be granted to others similarly placed. So much so, in our view, State has no right to file appeal against the judgment of the learned Single Judge because the judgment is rendered following another judgment which is accepted by the Government and follow-up action is taken by the Government by issuing Government Order. Consequently we dismiss the Writ Appeal without considering the arguments of the Government Pleader on merit. C.N.RAMACHANDRAN NAIR Judge K.VINOD CHANDRAN Judge pms