SHAMEER ALI Vs. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) The orders issued by the Government on 09.05.2016 and 05.08.2016 are under challenge in all these writ petitions, filed by retired and serving teachers of aided Colleges, who claim that their prior service rendered in aided colleges including provisional and broken spells as leave substitutes should be counted along with their regular service in aided colleges. As a common issue is arising for consideration, all these writ petitions were heard together and are disposed of by this common judgment.

(2.) These cases had come up for hearing along with the cases filed by teachers of aided colleges/schools with prior broken spells of service in aided schools challenging the very same Government orders. Noticing the difference in the provisions contained in clause (a) and clause (b) of Rule 14E of Part III of the Kerala Service Rules (hereinafter referred to as 'KSR' for short) which relate to the previous service rendered in aided schools and those in aided colleges respectively, I have de-linked the cases in which the petitioners rendered previous service in aided schools and pronounced separate judgment in their case in my judgment dated 14.08.2017 in W.P(c). No. 30167 of 2016 and connected cases allowing those writ petitions. These writ petitions were therefore posted again thereafter and a separate judgment was found necessary in respect of the applicability of the very same Government Orders in the case of the teachers who claimed the benefit of previous service rendered in private aided colleges.

(3.) The contention of the petitioners is that these Government orders are issued, in order to circumvent the judgment dated 27.2014 in W.P.(C).No. 20495/2013, which was already upheld by a Division Bench by its judgment dated 22.2015 in W.A.No. 377/2015 and by the Apex Court by dismissing S.L.P.No. 19441 of 2015 on 20.7.2015 (produced as Exts. P3, P4 and P5 respectively in W.P(c).No. 29356/2016), based on which that judgment was implemented reckoning the broken spells of the service of the petitioner in aided Schools for pension, along with his regular service. The petitioners contend that their cases are covered by the judgment in W.P(c). No. 20495 of 201