C V SIMON Vs. SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM

JUDGEMENT

(1.) This Writ Appeal is filed by two retired private college lecturers challenging the judgment of the learned Single Judge declining their claim to reckon their past services in Central Government for the purpose of pension. We have heard learned Senior Counsel Shri. K. Ramakumar appearing for the appellants and learned Government Pleader for the respondents.

(2.) The short question arising is whether the services rendered by both the appellants in institutions under the Central Government prior to their joining aided colleges in the State as Lecturers could be reckoned for the purpose of pension. Admittedly, provision for pension under Part III of Kerala Service Rules are made applicable to private college lecturers under the Calicut University Statute. Part-III of KSR in Rule 9 defines what is qualifying service for the purpose of pension. Even though Rule 11 of Part III KSR speaks about power of the Government to provide for reckoning any other services rendered by employees for the purpose of pension, there is no specific orders issued by the Government to reckon services of private college lecturers rendered in Central Government or any other agency under the Central Government for the purpose of pension. In fact specific provisions are made in Rules 14A to 14E providing for reckoning various categories of previous services of Government servants and teachers for the purpose of pension. However, aided college lecturers are not covered by any of the specific rules or orders. The appellants rest their claim based on Government Order, GO (P) No. 703/2002/Fin. dated 12/11/2012, which was produced before us by the learned Government Pleader.

(3.) After hearing both sides and after going through the Government Order, we notice that the same applies only to Government servants and not to private college teaching staff. The issue came up before this Court previously, and a Division Bench in the judgment in WA No. 2445/2009 held that unless there is Special Rules or Government orders, private college lecturers are not entitled to reckon previous service for the purpose of pension. Even though learned Senior Counsel for the appellants has relied on the above Government Order, we have already noticed that the Government Order as such is not applicable to the appellants. So much so, it is a matter to be considered by the Government as to whether past services of private college lectures are to be reckoned and if so, the type of previous service that could be reckoned for the purpose of pension. Learned Senior counsel appearing for the appellants referred to the specific Rules of KSR granting benefit to Government servants including Government College teachers to reckon past services in State or Central Government or even in public institutions for the purpose of counting pension. According to the learned Senior counsel, the Government Orders are discriminatory only against private college lectures, and so much so Government should consider their claim. We find force in this contention because if for the purpose of salary and other benefits Government college teachers and private college teachers are treated at par, there is no reason why in the matter of pension they should be discriminated. Learned Government Pleader has put forward a contention that private college teachers enjoy lot of liberty including right to contest elections while in service, whereas Government college lecturers are treated as Government servants and they have no such freedom. We do not think this distinction has any relevance for the purpose of considering previous service that could be reckoned for pension benefits. Therefore, the Government should consider the case of private college lecturers for reckoning their past services for the purpose of pension, and it is up to the Government to consider the type of service and under whom to be served that could be reckoned for the purpose of counting such service for pension.