IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 25622 of 2003(S) -------------------------- PETITIONERS: ------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVT. OF INDIA, DEPARTMENT OF SPACE, NEW DELHI. 2. THE SECRETARY TO GOVT. OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, NEW DELHI. 3. THE DIRECTOR, VIKRAM SARABHAI SPACE CENTRE, TRIVANDRUM. BY ADV. . SRI.P.PARAMESWARAN NAIR, ASST. SOLICITOR GENERAL RESPONDENTS: ------------- 1. N.MANILAL, S/O.V.NEELAKANDAN, SCIENTIST/ENGINEER-SF, AEROSPACE MECHANISM GROUP, VIKRAM SARABHAI SPACE CENTRE, VALIAMALA, TRIVANDRUM. 2. CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, KALOOR, REPRESENTED BY REGISTRAR. BY ADV. SRI.R.SREERAJ SRI.S.D.ASOKAN SRI.NIDHI BALACHANDRAN SRI.ANIL R. NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2008 ALONG WITH WPC NO. 26073 OF 2003, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 25622/2003 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF O.A. NO.56/2001 FILED BY THE 1ST RESPONDENT. EXT.P2 - TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS IN O.A. NO.56/2001. EXT.P3 - TRUE COPY OF THE ORDER DATED 18.12.2002 IN O.A. 56/2001. RESPONDENTS' EXTS. EXT.R1(A) – TRUE COPY OF THE FINAL ORDER IN OA 491/91 ON THE FILE OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.R1(B) – TRUE COPY OF THE FINAL ORDER DATED 12.6.2000 IN O.A. NO.1749/98 ON THE FILE OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 25622 & 26073/2003-S ----------------------------------------- Dated 24th January, 2008. JUDGMENT Balakrishnan Nair, J. W.P.(C) NO.25622/2003: The writ petitioners are the respondents in O.A.No.56/2001 before the Central Administrative Tribunal, Ernakulam Bench. The 1st respondent was the applicant. 2. The brief facts of the case are the following: The applicant while working in the Department of Technical Education as a Workshop Instructor (Polytechnic) under the Kerala Government, resigned from service on 28.2.1978, to join the Keltron. He has service under the State Government from 8.12.1967 onwards. He worked in Keltron from 1.3.1978 to 17.12.1981. Again he resigned from there, to take up employment under the Vikram Sarabhai Space Centre (VSSC), Thiruvananthapuram. Thus, the applicant has 10 years and two months' service under the Kerala Government and three years and nine months' service under the Keltron. He WPC NOS.25622 & 26073/03 2 moved the V.S.S.C for counting his past service under the Kerala Government for pensionary benefits. The said representation was rejected by Annexure-A2 memorandum dated 2.11.1993. He moved for review of that decision after about seven years, by filing Annexure-A3 representation dated 6.10.2000. The said application was considered and rejected by the competent authority of the V.S.S.C by Annexure-A4 memorandum dated 8.12.2000. The applicant challenged Annexures-A2 and A4 produced along with Ext.P1 O.A before the C.A.T. He claimed that the service rendered by him under the State Government may be counted for the purpose of grant of pensionary benefits. The respondents in the O.A resisted the application, contending that there is a break between the service under the State Government and the service under the V.S.S.C., of more than three years. Therefore, the said service cannot be counted. But, the C.A.T., relying on two of its earlier decisions, the copies of which are part of the records as Exts.R1(A) and R1(B), allowed the O.A. It went to the extent of directing the V.S.S.C to count not only the service under the State Government, but also the service under the Keltron, for the purpose of grant of pension. Feeling aggrieved by the said order of the C.A.T., which is produced as Ext.P3, this writ petition was filed. The writ petitioners would submit that in the light of Rules 26, 27 and 28 of the Central Civil Services (Pension) WPC NOS.25622 & 26073/03 3 Rules, 1972, the service rendered by the 1st respondent/applicant under the Kerala Government cannot be counted. 3. The 1st respondent has filed a counter affidavit, supporting the impugned order. We notice that he has not chosen to support the direction of the C.A.T., to the extent it directs counting of his service under the Keltron. Before this Court also, the order of the C.A.T impugned in this writ petition is sought to be sustained mainly relying on Exts.R1(A) and R1 (B) orders of the C.A.T. 4. Heard the learned counsel on both sides. Going by the facts of Exts.R1(A) and the contentions which arose for decision in that case, the principles laid down therein by the C.A.T cannot be made applicable to the facts of this case. Same is the case of Ext.R1(B). We will examine the right of the 1st respondent to have his past service under the Kerala Government counted, for the purpose of grant of penionary benefits with reference to the provisions in the Central Civil Services (Pension) Rules. We notice that the only Rule which applies in this case is Rule 14(3), which reads as follows: “14. Conditions subject to which service qualifies: (1) ........................... (3) In the case of a Government servant belonging to a WPC NOS.25622 & 26073/03 4 State Government, who is permanently transferred to a service or post to which these rules apply, the continuous service rendered under the State Government in an officiating or temporary capacity, if any, followed without interruption by substantive appointment, or the continuous service rendered under that Government in an officiating or temporary capacity, as the case may be, shall qualify: Provided that nothing contained in this sub-rule shall apply to any such Government servant who is appointed otherwise than by deputation to a service or post to which these rules apply.” Going by the above Rule, there cannot be any interruption between the service under the the State Government and the service under the Central Government. If there is no interruption, the past service can be counted. In this case, there is admitted interruption of more than three years. The Department of Space, therefore, declined to count the past service of the 1st respondent under the Kerala Government. No other Rule under the C.C.S (Pension) Rules has been brought to our notice, enabling the 1st respondent to count his past service under the Kerala Government, which is interrupted by more than three years, before he joined the service under the V.S.S.C. In the absence of any right flowing from a Rule and a corresponding duty in the V.S.S.C., the Tribunal should not have directed the V.S.S.C to count the past service of the 1st respondent. Therefore, Ext.P3 cannot be sustained. Accordingly, it is set aside. The writ petition is allowed as above. WPC NOS.25622 & 26073/03 5 W.P.(C) NO.26073/2003: 5. The point raised in this Writ Petition is covered by the decision in W.P.(C) No.25622/2003. Accordingly, this Writ Petition is also allowed and the order of the C.A.T., Ext.P9 is quashed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/