VILFRED Vs. CENTRAL UNIVERSITY OF KERALA

JUDGEMENT

(1.) The petitioner was working in an aided college under the Government of Tamil Nadu, from 1982 onwards. In the year 2015, pursuant to an application made, the petitioner was appointed as an Associate Professor in the Department of Mathematics in the Central University of Kerala - the 1st respondent herein. The dispute in this writ petition is essentially as to whether the petitioner's service in the aided college in the State of Tamil Nadu from 1982 to 2015 ought to have been considered or not, while arriving at his pensionary benefits, upon his retirement in 2023.

(2.) Though, the petitioner made such a request, by Ext.P3 dtd. 8/3/2019, the 1st respondent University pointed out that, insofar as it was constituted in the year 2009, under an Act of the Parliament, the employees like the petitioner are governed by the National Pension Scheme (NPS) and not by the CCS (Pension) Rules, 1972. Therefore, the claim of the petitioner stood rejected as early as in the year 2019, further advising the petitioner to seek pension from the Tamil Nadu Government for the period during which he worked there. Later, Ext.P14 dtd. 5/8/2019 is issued by the 2nd respondent, relying on certain clauses in Ext.P15 Office Memorandum issued by the Government of India, again holding that the request for pension in the manner sought for by the petitioner cannot be extended to him. This is followed with Ext.P13 communication dtd. 7/11/2022, again advising the petitioner to avail pension from the previous employer for the period when he was working in the State of Tamil Nadu as noticed afore.

(3.) It is in the afore situation that the petitioner has presented the captioned writ petition, essentially challenging Exts.P13 and P14. The petitioner also seeks a declaration that he is entitled to count his service from 1982 to 2015, while arriving at the pensionary benefits from the 1st respondent University, upon his retirement as above.