JUDGMENT : 1. Grievance of the petitioner is with regard to the rejection of the claim to count the previous aided school service rendered by him for computing the period of qualifying service so as to grant pension on his retirement as Selection Grade Lecturer from service w.e.f. 31.03.2008. 2. The case of the petitioner is that, he joined service as lecturer in St. Stephan college, Uzhavoor on 07.06.1993 and while serving as Selection Grade Lecturer in the Department of Economics, he retired from service. At the time of appointment, the said college was affiliated to the Kerala University and subsequently, by virtue of bifurcation, giving rise to MG University, St. Stephen college got affiliated to M.G. University. At the time of retirement, the petitioner was having continuous service of 14 years 5 months and 23 days, which is from 07.06.1993 to 31.03.2008. But prior to that, the petitioner was having temporary collegiate service of 4 years 10 months (3 spells) and aided school service for a period of 5 years 3 months 13 days (eight spells). By virtue of this, according to the petitioner, pension was to be reckoned with a total service of 24 years 7 months 6 months (rounded to 25 years), which was not positively considered by the respondents. 3. Challenging the impugned orders passed by the concerned authorities, the petitioner had approached this Court earlier, by filing W.P.(C) No. 23987 of 2009, which was disposed of as per Ext. P1 judgment. As discernible from Ext. P1, the specific case projected by the petitioner was that, by virtue of Rule 14E of Part III KSR, read with Statute No. 5 (1) of Chapter II of the Kerala University First Statutes 1976, the claim of the petitioner was liable to be allowed. It was in the said circumstances, that the rule position was extracted by this Court in Ext. P1 judgment, directing the concerned authority to look into the matter and finalize it in accordance with law. 4. Pursuant to Ext. P1 judgment, the matter was considered by the second respondent, who passed Ext. P7 Government Order dated 09.05.2012, holding that Rule 14E Part III KSR was not applicable to the case of the petitioner as he was a private aided college teacher and that the said Rule was applicable only to a Government teacher. 4. Pursuant to Ext. P1 judgment, the matter was considered by the second respondent, who passed Ext. P7 Government Order dated 09.05.2012, holding that Rule 14E Part III KSR was not applicable to the case of the petitioner as he was a private aided college teacher and that the said Rule was applicable only to a Government teacher. Though the petitioner filed a review petition, the same did not yield any positive result, which made the petitioner to approach this Court by way of present writ petition. 5. A counter affidavit has been filed by the 3rd respondent, virtually seeking to reiterate the stand as reflected from Ext. P7, to the effect that Rule 14 E Part III KSR is not applicable to the case of the petitioner, he not being a Government employee. It is brought to the notice of this Court by the learned Government Pleader that the petitioner has already been given the benefit in respect to tenure pertaining to 'collegiate education service', prior to the regular appointment (different spells), as discernible from Ext. P11 itself and that the objection is only with regard to reckoning of the prior 'aided school service'. 6. There is no dispute with regard to the fact that the petitioner was provisionally appointed in the concerned college, when it was affiliated to the Kerala University. By virtue of Statute 5(1) of Chapter II of the Kerala University First Statutes 1976, provisions of the KSR were to govern the field if service conditions of the employees in the institutions affiliated to the Kerala University, which reads as follows: "5(1) Kerala Service Rules to apply to teachers who retire at the age of 55 years : The teachers who retire at the age of 55 shall be entitled to receive the same pensionary benefits as are allowed to similar categories of teachers in Government Colleges including family pension and death-cum-retirement gratuity and all the conditions for the grant of these benefits applicable to Government Servants laid down in Part II of the Kerala Service Rules (as amended from time to time) shall mutatis mutandis apply to such teachers. 5. 5. It is pointed out that, even after bifurcation giving rise to M.G University, all the relevant statutes, which governed the field earlier, when it was under the Kerala University, came to be protected by virtue of Section 99 (2) of the M.G. University, the said provision reads as follows : (2) Notwithstanding anything contained in sub section (1), all Statutes and Ordinances made under the Kerala University Act 1974 (17 of 1974) and in force on the date of commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act continue to be in force in respect of the areas referred to in sub section (1) until they are replaced by the Statutes and Ordinance to be made under this Act." 6. Coming to application of Rule 14E Part III KSR, it is worthwhile to look into the said Rule, which is extracted below : “14E. Aided school service put in by Government employees prior to entry in Government service qualifies. Takes effect from 24th January 1968.” The only circumstance under which the benefit sought for by the petitioner has been denied to him, is for the reason that the petitioner is not a Government employee and that Rule 14E is applicable only for Government employees. It is also pointed out that the scale of pay of 'aided school teacher' is not on the same time scale and that, by virtue of the mandate under Rule 33 of Part I KSR, such service is not liable to be reckoned for the purpose of increment. 7. It is true that, by virtue of the difference in pay scale, the period of 'prior aided school service' may not be counted for increment. But the question is whether, the said period can be reckoned for counting pensionable years of service. Reliance is sought to be placed on the decision No. 7 of Rule 14E which reads as follows : “7. In the case of aided school service sandwiched between Government service, the qualifying service for pension should be calculated from the date of first entry in Government service and the entire period including the sandwiched aided school service should be reckoned for pension subject to recovery of CPF benefits, if any, received by them.” 7. As mentioned already, the only dispute raised from the part of the second respondent, while passing Ext. As mentioned already, the only dispute raised from the part of the second respondent, while passing Ext. P7 denying the benefit to the petitioner, is that he is not a Government employee, to have invoked Rule 14E Part III KSR. At the same time, it is conceded from the part of the respondents that the petitioner was granted benefit of reckoning prior 'collegiate education service' under different spells, for computing pensionable service, as evident from Ext. P11. The respondents failed to explain how the said period could be reckoned for fixing the pensionable service, when the stand taken from the part of respondents is that the benefit cannot be given to the petitioner, he not being a Government employee. If the petitioner was not a Government employee and if still he was given the benefit of previous service under the collegiate education department, how the benefit envisaged under Rule 14E, read with decision No. 7 of the Government can be denied to the petitioner, is not satisfactorily explained. 8. Another important aspect to be noted is that, there is no plea any where in the counter affidavit filed from the part of the respondents with reference to 'Statute 5 (1)' of the Kerala University First Statute 1976. The statute categorically makes it clear, as to how the service of persons like the petitioners is to be reckoned, whereby provisions of KSR have been made applicable to the services under the University. The said statute still govern the field, despite the segregation of affiliation, by transferring the same from the Kerala University to the MG University, by virtue of Section 99 (2) of MG University Act. When the matter came up for consideration before this Court earlier, the specific plea raised from the part of the petitioner with reference to Rule 14E Part III KSR and also with respect to Statute 5 (1) was specifically adverted to by this Court and the Rule/Statute was extracted in Ext. P1 judgment itself. In spite of the specific direction given by this Court to have the matter considered with reference to the said legal provisions, Ext. P7 order passed is silent, and there is no mentioning as to the Statute 5 (1) of the Kerala University First Statutes 1976 and the consequences resulted therefrom. P1 judgment itself. In spite of the specific direction given by this Court to have the matter considered with reference to the said legal provisions, Ext. P7 order passed is silent, and there is no mentioning as to the Statute 5 (1) of the Kerala University First Statutes 1976 and the consequences resulted therefrom. This being the position, there is flagrant violation of the direction given by this Court as well, in so far as application of Statute No. 5 (1) of the Kerala University First Statute is not disputed. In so far as the eligibility of the petitioner to have the prior service in the 'collegiate education department' has conceded and been reckoned for computing the pensionable service, as conceded in Ext. P11, this Court finds that there is absolutely no rhyme or reason for denying the benefit flowing from Rule 14 E Part III KSR to the petitioner in respect of the prior service rendered in the 'aided school'. In the said circumstances, Ext. P7 is set aside and the respondents are directed to recompute the benefits payable to the petitioner, reckoning the prior service rendered in the 'aided school' by way of different spells, and sanction the pensionary benefits accordingly, effecting disbursement, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The writ petition stands allowed to the said extent. No cost.