IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WA.No. 1598 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.32643/2002 Dated 19/02/2008 .................... APPELLANT(S): -------------- M.T. RAJAN,S/O. P.M. THOMAS, POOZHIKKAT HOUSE, H.M.T. JUNCTION, KALAMASSERY, KOCHI. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): --------------- 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REP. BY ITS REGISTRAR.COCHIN UNIVERSITY P.O., KOCHI. 2. THE VICE CHANCELLOR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY P.O., KOCHI. ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI U FOR R1 &2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.BHAVADASAN, JJ. ------------------------------------------------------------------ WA No.1598 of 2009-E ------------------------------------------------------------------ Dated 19th October 2009 Judgment Balakrishnan Nair, J. The writ petitioner is the appellant. The brief facts of the case are the following : 2. The appellant was an LD Clerk/Stenographer in the Foundation for Management Education under the Kerala University. The said establishment was wound up on 20.05.1989, after it was transferred to the Cochin University of Science and Technology. Later, the University, by Ext.P3 order dated 02.05.1990, offered him employment as LD Typist/Stenographer, relaxing the qualifications prescribed for the said post. The said order reads as follows : “The Syndicate, at its meeting held on 3.3.1990 vide item read as above considered, along with the recommendation of the Standing Committee on Staff and Establishment, the report of the sub-committee constituted to study the residuary matters arising out of winding up of the Foundation for Management Education. Resolved that Shri.M.T.Rajan, who was working as Typist in the Foundation for Management Education already wound up, be WA No.1598 of 2009-E 2 offered the post of L.D.Typist/Stenographer in the University with two advance increments, as a special case, without affecting the seniority of any of the present employees in the University and also relaxing the minimum qualifications for the post of L.D.Typist/Stenographer in the University on condition that he be not eligible for any pensionary benefits from the University and undertakes himself in writing that he would accept the above conditions and the terminal benefits and arrears of salary, if any for the period of service put in by him in Foundation for Management Education offered by the Foundation from its own funds as decided by Governing Body of the Foundation. Accordingly, he was issued a memo, as per which Shri.M.T.Rajan, joined duty as L.D.Typist/Stenographer in the A.N. of 19.4.1990, after producing an undertaking to the effect that he is ready to accept the conditions put forward by the University for appointing him in the University Service. Sanction is therefore accorded to Shri.M.T.Rajan, Poozhikkat House, C/o.Julee Institute of Commerce, H.M.T.Junction, Kalamassery - 683 104, being appointed as L.D. Typist/Steno in the scale of pay of Rs.865-1450 in the University service w.e.f.19.4.1990 A.N and posted in DRDO Computer Centre. Shri.M.T.Rajan will be on probation for a period of one year duty within a period of two years from the date of joining and will be governed by the CUSAT Act 1986 and the Statutes and Ordinances thereunder.” The appellant accepted the conditions imposed in the above quoted order and joined duty. He retired from service on 31.05.1993. Thereafter, he moved the University, praying that the service rendered by him under the Foundation for WA No.1598 of 2009-E 3 Management Education, may also be reckoned for computation of his pensionary benefits. The said prayer was allowed by Ext.P7 order and his pensionary benefits were accordingly revised. Later, the appellant moved the University, praying that he may be granted other service benefits also, reckoning his service in the aforementioned Foundation. The said prayer was declined by the University, by Ext.P9 order. So, the Writ Petition was filed, challenging Ext.P9. The learned Single Judge dismissed the Writ Petition. Hence this appeal. 3. Going by the terms of Ext.P3, it can be seen that Ext.P7 order, deciding to reckon the past service of the appellant, for computation of his pensionary benefits, was issued, granting a concession by the University. If the University decided that the said concession cannot extended to his other service benefits, we find nothing illegal or irrational with the said decision. In the absence of any legal right, the appellant cannot claim any direction from this Court to count his past service also for computation of other service benefits. Therefore, the learned Single Judge has rightly dismissed the Writ Petition. Accordingly, WA No.1598 of 2009-E 4 the Writ Appeal fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE P.BHAVADASAN, JUDGE sta WA No.1598 of 2009-E 5