B KENCHAVEERAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH this petition is posted for orders, with the consent of the [earned Counsels appearing for the parties, this petition is taken up for final hearing and disposed of by this order.

(2.) A few facts which are not in dispute and which may be relevant for the disposal of this petition may be stated as hereunder: the petitioner was appointed as a Lecturer in National College of education, Shimoga, which was being managed by the 4th respondent-Society, on 5th August, 1968. The Additional Director, Department of state Education, Research and Training, by means of his order dated 11th October, 1968, a copy of which has been produced as Annexure-A to the petition, has approved the appointment of the petitioner as Lecturer in the National College of Education, Shimoga, with effect from 5th august, 1968. When the petitioner was serving at the National College of Education, Shimoga, he was sent on deputation to Vivekananda College of Education, Arasikere, on 14th August, 1974, initially for a period of two years and thereafter his deputation was continued till 30th November, 1979. Subsequently, he was permanently absorbed in the services of the Vivekananda College of Education, Arasikere, with effect from 17th April, 1980. He retired from the services of the Vivekananda college of Education, Arasikere on 31st July, 1997. While considering the retirement benefits of the petitioner, the respondents refused to take into account the services rendered by him during the period from 14th august, 1974 to 30th November, 1979 during which period he served as a Lecturer at Vivekananda College of Education, Arasikere, on the ground that during that period, the said College was not admitted for grant by the State Government. The respondents had taken into account the services rendered by the petitioner only for the periods from 5th august, 1968 to 14th August, 1974 and 1st December, 1979 to 31st July, 1997. The claim made by the petitioner to take into account the services rendered by him for the period from 14th August, 1974 to 30th November, 1979 came to be rejected by the 1st respondent, by means of its order dated 12th April, 2000, a copy of which has been produced as annexure-J to this petition. The correctness of the order Annexure-J is called in question in this petition by the petitioner.

(3.) SRI B. Rudragowda, learned Counsel appearing for the petitioner, challenging the correctness of the impugned order Annexure-J, has submitted that since the services of the petitioner was lent on deputation basis to Vivekananda College of Education, Arasikere, with the approval of the 2nd respondent, it is not permissible for respondents 1 to 3 to exclude the period of service rendered by him from 14th August, 1974 to 30th November, 1979 at the said College only on the ground that the said College was not admitted for grant during the said period. Elaborating his submission, he pointed out that since the lien of the petitioner was retained at the National College of Education, Shimoga, for the purposes of grant of retirement benefits, the services rendered by him on the basis of deputation from 14th August, 1974 to 30th November, 1979 should have been considered as if he continued to be in the services of national College of Education, Shimoga, which was admittedly admitted for grant. He further pointed out that when the 2nd respondent has approved the deputation of the petitioner to the Vivekananda College of education, Arasikere, in the year 1980 and the said educational institution was also admitted for grant in the year 1979, the petitioner cannot be denied retirement benefits for the period during which he has worked in Vivekananda College of Education, Arasikere.