LIZY PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved by the denial of arrears of pension. She has also another complaint that the service rendered by her up to 31.03.1997 is not reckoned for fixing the pension.

(2.) Petitioner commenced her service in an aided School on 22.07.1968. After rendering service in an aided school for the period from 22.07.1968 to 23.06.1971, she joined as Lecturer in an aided Training College at Ernakulam and continued there till 17.10.1994. She joined the Sree Sankaracharya University of Sanskrit as a Reader on 18.10.1994. But when the entire selection and appointments were set aside by this Court, her services were terminated on 29.03.1997. She thereafter continued there on contract basis for the period from 01.04.1997 to 31.12.2003. But it is stated that she had attained the age of 55 years on 31.12.1996. The age of superannuation in the University was 60 years. She continued there till 31.12.2003. Because of these incidents, petitioner was not granted pensionary benefits. Government thereafter issued orders treating the period from 18.10.1994 to 29.03.1997 as deputation.

(3.) On the basis of the representation submitted by the petitioner, Government considered her case, taking note of pendency of W.P.(C) No.29005/2011 filed by her, and passed Ext.P3 order on 22.08.2014. It was ordered that her services for the period from 18.10.1994 to 31.12.1996 would also be reckoned for the purpose of pension along with her service in aided School and College. The University had remitted the amount towards pension contribution for the period from 18.10.1994 to 29.03.1997. The Government found that petitioner would have continued in the aided college till 31.03.1997 till the close of the academic year though the date on which she attained the age of superannuation was on 31.12.1996. It was ordered that petitioner would be granted pension and pensionary benefits for the service rendered by her from 22.07.1968 to 29.03.1997. Thereafter Ext.P4 pension payment order was issued on 18.07.2018, authorising her pension stating that payment would commence from 30.03.1997.