ABDUL RAHUMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner retired from Service as Selection Grade Lecturer in the Collegiate education Department, on 30. 6. 2005. Before being appointed in the Collegiate Education department with effect from 29. 11. 1982, the petitioner was in the regular pensionable service in the University of Kerala. He was relieved from the University service with permission to take up appointment as Junior Lecturer in the Government College on 26. 11. 1982 as per Ext. Pl University order dated,26. 11. 1982.

(2.) CONTENDING that the petitioner is entitled to count his period of service in the Kerala university along with the service in the Collegiate Education Department for computing the pensionary benefits, petitioner submitted Ext. P2 representation dated 14. 9. 2000 before the Director of Collegiate Education. Kerala University took the view, as is revealed from Ext. P3 communication dated 9. 1. 2001 issued by the University to the director of Collegiate Education, that "university is not liable to remit the pension contribution in respect of the service of the petitioner in the University, on the ground that the petitioner has gone over to the Collegiate Education Department on his own volition for his own benefit". The University expressed the view in Ext. P3 that if the period of service of the petitioner has to be reckoned for the purpose of pensionary benefits, let the Government collect the required amount of pension contribution from the petitioner.

(3.) G. O. (P)NO. 228/2001 dated 2. 2. 2001 (Ext. P8) was issued by the Government taking into account the representations from employees to count the past service in municipal/panchayat/university services for pensionary benefits. The Government order reads as follows: