STATE OF KERALA Vs. DEVAYANI C.C.

JUDGEMENT

(1.) The appeal is filed against the judgment dated 24.7.2017 in W.P.(C). No. 33859/2009. The writ petitioner had approached this Court challenging Ext. P8 by which her request for considering her previous service in a private college in the State of Andhra Pradesh to be tagged along with the service rendered by her in a private college in the State of Kerala, came to be rejected on the ground that there is no provision to reckon the previous service in a private college in another State, along with State Service.

(2.) The learned Single Judge however placing reliance on an earlier judgment in W.P.(C). No. 37176/2003 decided on 12.3.2007 (O. Indira Devi Amma v. State of Kerala and Others), allowed the writ petition and directed the respondents to reckon petitioner's service in the State of Andhra Pradesh as qualifying service for the purpose of pension and retiral benefits.

(3.) In the counter affidavit filed by the Government, it was specifically stated that in so far as the petitioner was working as Junior Lecturer at St. Treasas College, Eluru, Andhra Pradesh from 21.7.1969 to 20.11.1979 and the said service cannot be treated as continuous service in the State of Kerala where she was employed from 21.11.1979 at Providence Women' College, Kozhikode, the pension rules does not permit grant of computation of pensionary benefits on the basis of service in an outside State. It is argued that the learned Single was not justified in placing reliance upon the judgment in W.P.(C). No. 37176/2003.