LAWS(KER)-2020-2-206

DANIEL OOMMEN Vs. NATIONAL INSTITUTE OF TECHNOLOGY

Decided On February 13, 2020
DANIEL OOMMEN Appellant
V/S
NATIONAL INSTITUTE OF TECHNOLOGY Respondents

JUDGEMENT

(1.) This Writ Appeal is directed against judgment of the learned Single Judge dated 14.10.2019 in W.P.(C) No.6189 of 2016.

(2.) Writ petitioner was working as a Lecturer in Electrical Department, Regional Engineering College (for short 'REC'), Calicut (NIT) from 25.01.1967 till 01.10.1981. He had a total working experience of 13 years. He was originally appointed as Associate Lecturer in REC. In 1969 he was promoted as Lecturer. He was granted extra ordinary leave for 5 years from 01.10.1981 and permission to take up assignment abroad retaining his lien in the 1st respondent college. While so, he got an opportunity to work as a Design Engineer in the Ministry of Electricity and Water at Kuwait. The opportunity obtained being a rare one and beneficial to him, he requested for extension of leave to continue abroad. The factum was communicated to the Education Minister (Chairman of Board of Governors, REC, Calicut). Extension sought was rejected. He did not join the college. After several correspondences between the petitioner and the college, ultimately he was terminated from his employment with effect from 01.10.1986 without any pensionary benefits. When the Kuwait war started in the year 1990, petitioner had no other way than to return to India. He was repatriated by Government of India. Petitioner who had no job was struggling hard to meet both ends of life. In the midst of his hardships, the petitioner came to know that Government of India/Kerala is planning to reinstate persons who lost their job in India due to service in Kuwait. Petitioner approached the Education Minister of Kerala and the Chairman, Board of Governors, REC, seeking to reinstate him, but the exercise was futile. The respondent college was offering pension to retired hands from 05.12.1997. The respondent college was renamed as NITS by MHRDS and declared as deemed University under the NIT Act, 2005 and therefore, came under the pension scheme of the Central Government which makes provision for pension for all employees prior to January, 2004. Petitioner had worked in REC (NIT) for 18 years and denial of pension to him is alleged as violation of fundamental rights guaranteed by the Constitution. Petitioner is a senior citizen and is highly aggrieved by the denial of pension and left without any alternative and efficacious remedy had approached this Court by filing the Writ Petition on hand seeking the following reliefs:-

(3.) The first respondent filed a detailed counter affidavit refuting all claims made by the petitioner. Writ Petition having been filed after a period of 30 years, they sought for dismissal of the case on account of delay and laches. Petitioner was also found fault with for having not filed any application for getting the leave extended prior to the expiry of the period of leave already granted. It was contended that the petitioner was not under the service of the Kerala State or Government of India and therefore, the grievance cannot be redressed by the State. Petitioner was a subscriber to the contributory provident fund which was optioned to the staff of REC in view of Pension Scheme and the deposit was already disbursed to him in July 1989 itself. It is also specified that there is no rule permitting grant of pension to an employee, who is dismissed from service.