DR. MOLLY K.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was an Associate Professor in the Department of Chemistry in Bishop Kurialacherry College for Women, Amalagiri, Kottayam, which is affiliated to the Mahatma Gandhi University. She joined the College with effect from 17.07.1995 and retired therefrom on superannuation with effect from 31.03.2014. Prior to joining the College on 17.07.1995, the petitioner had rendered service in various spells in St. Augustine High School, Kothamangalam and in Fathima Matha Girls High School, Kothamangalam. Exts.P2 and P3 are produced in the writ petition to show the various spells of approved service, which the petitioner rendered in the schools aforementioned between 1982 and 1995. It is the case of the petitioner that the various spells of service rendered in the schools aforementioned totaled twelve years and twenty nine days and it is her case in the writ petition that the said service of twelve years and twenty nine days should be added to the service rendered in the college between 17.07.1995 and 31.03.2014 for the purposes of reckoning qualifying service for payment of pensionary benefits to the petitioner. Her claim for pensionary benefits based on the above computation of qualifying service was rejected by the respondents by Ext.P4 order dated 08.04.2014. In Ext.P4, the respondents took only the service rendered by the petitioner in the College for the purposes of computing the pensionary benefits payable to her. The petitioner therefore, preferred a representation before the 3rd respondent, who in turn forwarded the same to the Government. The Government considered the matter and rejected the request of the petitioner by Exts.P7 and P8 orders. In the writ petition the petitioner impugns Exts.P7 and P8 and contends that, she is entitled to reckon the various spells of aided school teaching service also, while computing the qualifying service for the purposes of pensionary benefits payable to her.

(2.) A counter affidavit has been filed on behalf of the 3rd respondent, wherein it is stated that the aided school service rendered by the petitioner prior to the college service rendered with effect from 17.07.1995 could not be considered for the purposes of grant of pensionary benefits to the petitioner.

(3.) I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for the respondents.