Research › Search › Judgment

Kerala High Court · body

2025 DIGILAW 829 (KER)

Dr. Nakulan K. V Associate Professor (Rtd) v. Sree Sankaracharya University Of Sanskrit P. O. Kalady

2025-04-03

N.NAGARESH

body2025
JUDGMENT : The petitioner, who is an Associate Professor in Urdu and who retired from the services of the 1 st respondent-Sree Sankaracharya University of Sanskrit on 31.05.2020, has filed this writ petition seeking to quash Exts.P6 and P13 to the extent it denies pensionary benefits to the petitioner from 03.01.1990 to 26.08.1997 for the service rendered with Kendriya Vidyalaya Sangathan. 2. The petitioner joined service as Junior Lecturer in Government Brennen College, Thalassery on 26.09.1989. The petitioner continued in service till 02.01.1990. On 03.01.1990, the petitioner was appointed as Primary Teacher in the Kendriya Vidyalaya Sangathan, Madras. The petitioner served the Kendriya Vidyalaya Sangathan till 26.08.1997. 3. Thereafter, the petitioner joined service as Lecturer in Government College, Malappuram on 27.08.1997 itself. The petitioner continued to work there till 21.12.1998. On 22.12.1998, the petitioner joined the 1 st respondent- University as Lecturer. The petitioner retired from service on superannuation on 31.05.2020. The petitioner has continuous service from 26.09.1989 to 31.05.2020, though in different Government Institutions. 4. Though various service periods of the petitioner were reckoned for computation of his pension amount and other retiral benefits, the service rendered by the petitioner under the Kendriya Vidyalaya Sangathan from 03.01.1990 to 26.08.1997 has not been reckoned for pensionary benefits. The petitioner therefore seeks to command the 1 st respondent to reckon the prior service of the petitioner rendered in Kendriya Vidyalaya Sangathan for counting as qualifying service for fixation of pension. 5. The petitioner approached this Court filing W.P.(C) No.28836/2021 for this purpose. This Court disposed of the said writ petition as per Ext.P11 judgment dated 01.06.2022 giving liberty to the petitioner to approach the competent authority of the Government, who will thereupon, evaluate the nature and constitution of the KVS to decide whether it would be outside the purview and rigour of the Central Autonomous Bodies or Central Public Sector Undertakings; and if it is so found, notwithstanding Ext.P15 order, the petitioner would be entitled to relief as has been sought for by him. 6. The petitioner thereupon filed Ext.P11 representation dated 13.06.2022 to the Secretary to Finance (Expenditure), Government of Kerala. 6. The petitioner thereupon filed Ext.P11 representation dated 13.06.2022 to the Secretary to Finance (Expenditure), Government of Kerala. The Government found that the rules of Government of India made for Central Government employees are not directly applicable to the employees of Autonomous Bodies and that the prior service in Central Public Sector Undertakings shall not be reckoned for pensionary benefits along with the service in the State Government Department and only the service in Central Government shall be reckoned as qualifying service for pensionary benefits. The petitioner seeks to set aside Ext.P13. 7. The petitioner states that in GO(P) No.171/99/H.Edn. Dated 21.12.1999 the Government of Kerala has stated that previous service, without any break as Lecturer, as equivalent in a University, College, National Laboratory, or other Scientific Organisations, eg. CSIR, ICAR, DRDO, UGC, ICSSR, ICHR and as a UGC Research Scientist, should be counted for placement of Lecturer in Senior Scale / Selection Grade provided that the qualifications for the post were not lower than the qualifications prescribed by the UGC for the post of Lecturer. 8. The counsel for the petitioner relied on the Division Bench judgment of this Court in OP(KAT) No.25/2024 wherein it was held that employees who have retired as Trained Graduate Teachers from the office of the Kendriya Vidyalaya Sangathan are entitled to interest on the delayed payment of pensionary benefits, treating the Kendriya Vidyalaya Sangathan as a Central Government Body. 9. The petitioner relied on the judgment of the Hon’ble Apex Court in Ajay Hasia and others v. Khalid Mujib Sehravardi and others [ (1981) 1 SCC 722 ] to hold that Kendriya Vidyalaya Sangathan is an instrumentality or agency of the State. The petitioner urged that the petitioner's service in Kendriya Vidyalaya Sangathan is therefore liable to be reckoned for the purpose of grant of pension. 10 . Relying on the judgment of this Court in W.P.(C) No.17103/2003, the counsel for the petitioner urged that for the purpose of reckoning of past service / break in service of a Government employee, a beneficial interpretation should be adopted. 11. The 3 rd respondent resisted the writ petition filing counter affidavit. 10 . Relying on the judgment of this Court in W.P.(C) No.17103/2003, the counsel for the petitioner urged that for the purpose of reckoning of past service / break in service of a Government employee, a beneficial interpretation should be adopted. 11. The 3 rd respondent resisted the writ petition filing counter affidavit. The 3 rd respondent stated that the Government had issued GOs dated 12.11.2002 and 06.12.2003 stating that the employees of the State Government Departments who left the former service in Central Government / Central Public Sector Undertakings on their own volition for taking up appointment in State Government Departments will be allowed to reckon their prior service for all pensionary benefits along with the service in the State Government Department subject to conditions. Subsequently, on the basis of a communication from the office of the Accountant General, the Government issued modified order dated 03.06.2009 specifying that only prior service in Central Government will be reckoned for pensionary benefits. 12. Rule 11 Part III KSR was amended on 22.11.2010 in order to give statutory validity to this decision. The amended Rule made it clear that prior service in Central Public Service Undertakings shall not be reckoned for pensionary benefits along with service in the State Government. The writ petition is therefore without any merit and is liable to be dismissed, urged the 3 rd respondent. 13. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing respondents 1 and 2, the learned Government Pleader representing respondents 3 and 5, the learned Deputy Solicitor General of India representing the 4 th respondent and the learned Standing Counsel appearing for respondents 6 and 7. 14. The grievance of the petitioner is that his service in the Kendriya Vidyalaya Sangathan from 03.01.1990 to 26.08.1997 is not reckoned for the purpose of computation of pension after his retirement from the 1 st respondent-University. 15. Kendriya Vidyalaya Sangathan is an autonomous body registered under the Societies Registration Act, 1860. Service under the Kendriya Vidyalaya Sangathan is obviously not service under the Central Government. The Government of Kerala has issued GO dated 03.06.2009 specifying that only prior service in Central Government can be reckoned for computation of pensionary benefits. 15. Kendriya Vidyalaya Sangathan is an autonomous body registered under the Societies Registration Act, 1860. Service under the Kendriya Vidyalaya Sangathan is obviously not service under the Central Government. The Government of Kerala has issued GO dated 03.06.2009 specifying that only prior service in Central Government can be reckoned for computation of pensionary benefits. On the basis of the said GO dated 03.06.2009, Rule 11 Part III KSR was amended as per GO dated 22.11.2010 in which it is ordered that employees of State Government Departments who left the former service in Central Government for taking up appointment in the State Government Department will be allowed to reckon as qualifying service for pensionary benefits and that prior service in Central Public Sector Undertakings shall not be reckoned for the pensionary benefits. The Government has issued GO(P) No.53/2018/Fin dated 30.03.2018 clarifying that prior service rendered by the employees of the Universities in Kerala in Central Autonomous Bodies / Central Public Sector Undertakings shall not be reckoned as qualifying service for pensionary benefits. 16. Furthermore, proviso to Rule 20 Part III KSR made it clear that the past service put in by Government employees and Aided School / Aided College Teachers and Universities prior to their entry in State Government or Aided School / Aided College service for pension and DCRG from Government shall not be applicable for appointments to or from the PSUs, Autonomous Bodies or similar Bodies. 17. The petitioner has challenged Ext.P10 GO which provided that prior service rendered by the employees of the Universities in Kerala in Central Autonomous Bodies / Central Public Sector Undertakings shall not be reckoned as qualifying service for pensionary benefits. I do not find any illegality or arbitrariness in the decision taken by the Government as contained in Ext.P10 GO dated 30.03.2018. The petitioner has no vested legal right to insist that his service in the Kendriya Vidyalaya Sangathan should be reckoned for computation of pension. The writ petition is therefore without any merit and it is dismissed.