STATE OF KERALA AND ORS. Vs. P. HARIDASAN

JUDGEMENT

(1.) The appellant in W.A.No.1124/2010 is the petitioner in W.P.(C) No.8797/2010. The appellant, who retired from service on 31/5/2006, while working as a Selection Grade Lecturer at St. John's College, Anchal, an Aided College affiliated to the University of Kerala, has filed the said Writ Petition seeking a writ of certiorari to quash Ext.P6 letter dated 7/4/2007 of the Director of Collegiate Education, Thiruvananthapuram, the 3rd respondent herein, addressed to the Deputy Director of Collegiate Education, Kollam, the 4th respondent herein, by which his request for reckoning the prior Central Government service as Auditor in the office of the Accountant General, Kerala, for the period from 17/7/1974 to 13/6/1977, for the purpose of fixing his pension and other pensionary benefits, was rejected by the 3rd respondent, stating that, Aided College teachers are not Government Servants, and hence Ext.P5 Government order dated 6/12/2003 has no application in their case. The learned Single Judge, by judgment dated 19/3/2010 dismissed W.P. (C)No.8797/2010 in limine, holding that the question is squarely covered against the writ petitioner by a Division Bench decision of this Court in W.A.No.2445/2009. Aggrieved by the said judgment, the appellant filed W.A.No.1124/2010.

(2.) When the said Writ Appeal came up for consideration, the Division Bench felt that, going by Clause (1) of Statute 5 of the Kerala University First Statutes, 1976 and also Exts.P4 and P5 Government orders dated 12/11/2002 and 6/12/2003 respectively, the law was not correctly laid down in the Division Bench judgment in W.A.No.2445/2009 and that, the law laid down by a learned Single Judge of this Court in Haridasan v. State of Kerala,2010 1 KerLT 348 appears to be correct. The Division Bench has also taken note of the judgment of another Division Bench in Abdul Jabbar P.M. v. Kerala State Electricity Board and others, 2010 1 KerLT 586. Therefore, the Division Bench felt that an authoritative decision on the point by a Full Bench is warranted. This is how W.A.No.1124/2010 is placed before the Full Bench, as per the orders of the learned Chief Justice.

(3.) The question of law that arises for consideration in these matters is as to whether the teachers in Private Aided Colleges affiliated to the University of Kerala are entitled to reckon their prior service in Central Government as qualifying service, along with their service in Private Aided Colleges, for all pensionary benefits, applying the conditions for grant of these benefits applicable to Government Servants, as laid down in Part III of the Kerala Service Rules, as amended from time to time.