C A JACOBKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether pensionable service in non pensionable establishment can be clubbed with the service in Central Government service/service in autonomous bodies in central sector for pension is the question arising for consideration in this case.

(2.) The petitioner retired from the service of the second respondent on 31.8.1998. Prior to joining in the second respondent, he had service as an aided school teacher from 4.9.1961 to 12.2.1973. His prayer is for a declaration that the said service rendered as an aided school teacher is liable to be counted for the purpose of pension. The second respondent has no objection in counting such service for the purpose of pension in case the State Government pays the pro rata pension contribution to the second respondent. It is admitted in the counter affidavit that "the petitioner has 11 years one month and 23 days service in aided schools from 1.4.1961 to 30.3.1962 and from 16.7.1962 to 11.2.1973. This service is pensionable. But the service in aided school cannot be considered as Government service as the appointing authority in aided school is the manager of the school and not the Government". Therefore, it can be seen that there is no dispute that the service rendered by the petitioner in aided schools is pensionable. The dispute is as to whether the said service can be clubbed with the service in autonomous body like the second respondent for the purpose of pension. The petitioner relies on Exts.P1 to P4 Government Orders. However, the Government rejected the representations as per the impugned orders, Exts.P7, P9 and P11.

(3.) As per Ext. P1 Government Order dated 31.5.1987, the Government considered the question of counting of service of personnel between Central Government/State Government departments/autonomous bodies. It has been ruled that ....."where a State Government employee borne on pensionable establishment (and employees of the States autonomous bodies) is allowed to be absorbed in Government of India/Autonomous Body, the service rendered by him under the Government shall be allowed to be counted towards pension under Government of India/Autonomous Body .....". Regarding liability, it was ordered as follows: