STATE OF KERALA Vs. SUMAYAMMA GEORGE

JUDGEMENT

(1.) The State of Kerala is the appellant in all these appeals, aggrieved by the common judgment dtd. 18/3/2021 of the learned single judge in W.P(C) No.1033/2020 and connected cases and the subsequent judgments of the learned single judge following the former judgment. The short issue that was adjudicated by the learned single judge was the validity of an amendment effected to Rule 14E (b) of Part III Kerala Service Rules [KSR], to the extent it stipulated that only regular service rendered by teachers in private aided colleges in the State, prior to the regular service rendered by them in the aided/government colleges from where they superannuated, would be reckoned for the purposes of computation of their pensionary benefits. The brief facts necessary for disposal of these writ appeals are as follows:

(2.) Through the counter affidavits filed on behalf of the State government in the writ petitions, it was pointed out that the impugned amendment to Rule 14E (b) of Part III KSR was effected so as to give a statutory basis to the Government Orders that had earlier held the field and, in that sense, there was no substantial change effected to the conditions of service of the teachers concerned. Reference has been made to the earlier and subsequent Government orders issued in this connection and also to the judgment of a Division Bench of this Court in Shameer Ali v. Deputy Director of Collegiate Education " " [2018 (3) KLT 925], wherein this Court had held that while aided school service put in by government college employees prior to their entry in government service had to be reckoned for the purposes of pensionary benefits, it would nevertheless be subject to the six specific conditions mentioned in Rule 14E of Part III KSR.

(3.) The learned single judge who considered the issue found that the impugned amendment, to the extent it included the word 'regular' to qualify the prior service rendered by teachers in aided colleges, prior to their service in the aided college from which they retired on superannuation, for the purposes of pensionary benefits, went against the stated objective of the amendment that it only gave effect to the executive orders that held the field till then. The learned judge found that the earlier government orders had not qualified the service that was eligible for being counted for pensionary purposes and hence the service could not have been qualified while continuing the said benefit through a statutory provision. The learned judge also relied on the provisions of Rule 20 of Part III KSR, and the proviso thereto, to hold that past service put in by government employees and aided school/college teachers in Panchayath/Municipal common service and Universities prior to their entry in State Government service or Aided School/College service had to be reckoned as qualifying service for pensionary benefits and hence there could not be a different yardstick stipulated under Rule 14E (b) of Part III KSR. The writ petitions were therefore allowed by striking down the expression 'regular' in clause (i) of clause (b) of Rule 14E, Part III KSR and its applicability with effect from 30/7/1979. It was held that the amended provision would apply only prospectively from 28/8/2009 as was done in the case of a similar amendment brought about in Rule 14E (a) by the notification dtd. 10/8/2018.