UNNITHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition was filed by a teacher who retired from service of Kendriya Vidyalaya Sangathan. He win be described as teacher in this original petition. On his death, his children had got impleaded as additional petitioners 1 to 3.

(2.) The teacher filed this original petition seeking a direction to the respondent, the State Government, to issue final orders to make lumpsum payment to the Kendriya Vidyalaya Sangathan (hereinafter called KVS) the share of the State Government's liability of petitioner's pensionery benefits so as to enable him to get the benefit of the services he had rendered in aided school in this State for computing his pension and other terminal benefits under the KVS Subsequent to the filing of the original petition, Government issued Ext. P6 order produced along with CMP 2911/93 seeking amendment of the original petition, declining the request of the petitioner on the ground that the cases of aided school teachers are not governed by Ext.R1 order which forms the basis for Ext. P6. In other words, Ext.R1 covers only State Government employees and aided school teachers are not State Government employees. Therefore, they are not entitled to get one time payment of pensionery benefits to the subsequent employer for counting the aided school service for pensionery service.

(3.) The facts in this case are admitted. The teacher was an aided school teacher in this State during the period from 4-6-1956 to 2-11-1965 in U.P. School as well as in a High School. It was at the time, when he was working as a High School Assistant, he got appointment in KVS and he took up the appointment without any break in service from 3-11-1965 onwards. The teacher retired from service on 28-2-1990.